Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 164 contracts
Samples: Purchase Agreement (Santander Drive Auto Receivables Trust 2024-5), Purchase Agreement (Drive Auto Receivables Trust 2024-2), Purchase Agreement (Drive Auto Receivables Trust 2024-2)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of hereto, the Issuer and the Indenture Trustee for the benefit of the Noteholders, each of which shall be an express considered to be a third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretohereof. Except as otherwise provided in this SectionAgreement, no other Person will have any right or obligation hereunder.
Appears in 98 contracts
Samples: Receivables Purchase Agreement (Toyota Auto Receivables 2025-a Owner Trust), Receivables Purchase Agreement (Toyota Auto Receivables 2025-a Owner Trust), Receivables Purchase Agreement (Toyota Auto Finance Receivables LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and, to the extent expressly provided herein, the Noteholders, the Certificateholders, the Indenture Trustee, the Owner Trustee and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in Section 6.01 or in this SectionArticle X, no other Person will person shall have any right or obligation hereunder.
Appears in 65 contracts
Samples: Servicing Agreement, Servicing Agreement (Ally Auto Receivables Trust 2019-4), Servicing Agreement (Ally Auto Receivables Trust 2019-4)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 64 contracts
Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-3), Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-3), Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-2)
Third Party Beneficiaries. This Agreement and the Second Step Receivables Assignment shall inure to the benefit of and be binding upon the parties hereto and, to the extent expressly provided herein, the Noteholders, the Certificateholders, the Indenture Trustee, the Owner Trustee and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this SectionArticle IV, no other Person will shall have any right or obligation hereunder.
Appears in 58 contracts
Samples: Trust Sale Agreement (Ally Auto Receivables Trust 2024-2), Trust Sale Agreement (Ally Auto Receivables Trust 2024-2), Trust Sale Agreement (Ally Auto Receivables Trust 2024-1)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of hereto, the Issuer Issuer, the Owner Trustee and the Indenture Trustee for the benefit of the Noteholders, each of which shall be an express considered to be third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretobeneficiaries hereof. Except as otherwise provided in this SectionAgreement, no other Person will have any right or obligation hereunder.
Appears in 47 contracts
Samples: Receivables Purchase Agreement (Honda Auto Receivables 2015-4 Owner Trust), Receivables Purchase Agreement (Honda Auto Receivables 2015-4 Owner Trust), Receivables Purchase Agreement (Honda Auto Receivables 2014-4 Owner Trust)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Residual Interestholders and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 38 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer Owner Trustee and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 37 contracts
Samples: Asset Representations Review Agreement (Drive Auto Receivables Trust 2024-2), Asset Representations Review Agreement (Drive Auto Receivables Trust 2024-2), Asset Representations Review Agreement (Santander Drive Auto Receivables Trust 2024-1)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of hereto, the Issuer and the Indenture Trustee for the benefit of the Noteholders, who shall be an express considered to be third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretobeneficiaries hereof. Except as otherwise provided in this SectionAgreement, no other Person will have any right or obligation hereunder.
Appears in 32 contracts
Samples: Receivables Purchase Agreement, Receivables Purchase Agreement (CarMax Auto Owner Trust 2015-4), Receivables Purchase Agreement (CarMax Auto Owner Trust 2015-3)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee and, to the extent expressly referenced herein, shall inure to the benefit of the Noteholders and the Certificateholders, who shall be an express third-considered to be a third party beneficiary hereof and may enforce the provisions hereof as if it were a party heretohereof. Except as otherwise provided in this SectionAgreement, no other Person will have any right or obligation hereunder.
Appears in 31 contracts
Samples: Receivables Contribution Agreement (Carvana Receivables Depositor LLC), Receivables Contribution Agreement (Carvana Auto Receivables Trust 2024-P4), Receivables Contribution Agreement (Carvana Auto Receivables Trust 2024-P4)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 31 contracts
Samples: Asset Representations Review Agreement (Capital One Prime Auto Receivables Trust 2024-1), Asset Representations Review Agreement (Capital One Prime Auto Receivables Trust 2024-1), Asset Representations Review Agreement (Capital One Prime Auto Receivables Trust 2023-2)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders, the Certificateholders, and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this SectionArticle X, no other Person will have any right or obligation hereunder. The parties hereto hereby acknowledge and consent to the pledge of this Agreement by the Trust to the Indenture Trustee for the benefit of Noteholders pursuant to the Indenture.
Appears in 30 contracts
Samples: Sales Contracts (Mmca Auto Receivables Trust), Sale and Servicing Agreement (Mmca Auto Receivables Trust), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-1)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Securityholders, the Enhancer, the Owner Trustee and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this SectionAgreement, no other Person will shall have any right or obligation hereunder.
Appears in 27 contracts
Samples: Servicing Agreement (GMACM Home Equity Loan Trust 2006-He3), Servicing Agreement (GMACM Home Equity Loan Trust 2006-He5), Servicing Agreement (GMACM Home Equity Loan Trust 2007-He2)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of assigns. Nothing in this Agreement, express or implied, shall give to any Person, other than the Issuer parties hereto, their successors hereunder and the Indenture Trustee shall Persons entitled to be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in indemnified pursuant to Section 3.1, any benefit or any legal or equitable right, remedy or claim under this Section, no other Person will have any right hereunderAgreement.
Appears in 25 contracts
Samples: Backup Servicing Agreement (CNH Capital Receivables LLC), Backup Servicing Agreement (CNH Capital Receivables LLC), Backup Servicing Agreement (CNH Equipment Trust 2011-A)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Residual Interestholders and their respective successors and permitted assigns and each of the Issuer Owner Trustee, the Note Insurer and the Indenture Trustee Swap Counterparty shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 25 contracts
Samples: Sale and Servicing Agreement (Capital One Auto Receivables LLC), Purchase Agreement (Capital One Auto Receivables LLC), Sale and Servicing Agreement (Capital One Auto Receivables LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Certificateholder and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 25 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of (i) the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto (ii) and the Seller shall be an express third party beneficiary of Sections 8.18, 8.19, 8.20 and 8.21 and may enforce such provisions as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 23 contracts
Samples: Servicing Agreement (Capital One Prime Auto Receivables Trust 2024-1), Servicing Agreement (Capital One Prime Auto Receivables Trust 2024-1), Servicing Agreement (Capital One Prime Auto Receivables Trust 2023-2)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto hereto, the Indenture Trustee and the Owner Trustee and their respective successors and permitted assigns and each of the Issuer Indenture Trustee and the Indenture Owner Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it they were a party heretoparties thereto. Except as otherwise provided in this SectionArticle IX, no other Person will have any right or obligation hereunder. The parties hereto hereby acknowledge and consent to the pledge of this Agreement by the Issuer to the Indenture Trustee for the benefit of the Noteholders pursuant to the Indenture.
Appears in 23 contracts
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2007-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2006-1), Sale and Servicing Agreement (Usaa Auto Owner Trust 2003-1)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and the Noteholders and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 22 contracts
Samples: Purchase Agreement (Capital One Prime Auto Receivables Trust 2006-2), Purchase Agreement (Capital One Prime Auto Receivables Trust 2007-2), Purchase Agreement (Santander Drive Auto Receivables Trust 2011-4)
Third Party Beneficiaries. This Agreement and the Second Step Receivables Assignments shall inure to the benefit of and be binding upon the parties hereto and, to the extent expressly provided herein, the Noteholders, the Certificateholders, the Indenture Trustee, the Owner Trustee and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in Section 6.01 or in this SectionArticle IX, no other Person will shall have any right or obligation hereunder.
Appears in 22 contracts
Samples: Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-4), Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-4), Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2015-3)
Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto, and, except for Owners, which are intended third party beneficiaries, no Person other than the parties hereto and their respective successors and permitted assigns and each is intended to be a beneficiary of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderAgreement.
Appears in 20 contracts
Samples: Pooling Agreement (Five Star Senior Living Inc.), Pooling Agreement (Senior Housing Properties Trust), Pooling Agreement (Five Star Senior Living Inc.)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this SectionAgreement, no other Person will shall have any right or obligation hereunder.
Appears in 20 contracts
Samples: Trust Agreement (Protective Life Secured), Omnibus Instrument (Protective Life Secured Trust 2003-1), Trust Agreement (Education Capital I LLC)
Third Party Beneficiaries. This Agreement and the Second Step Receivables Assignment shall inure to the benefit of and be binding upon the parties hereto and, to the extent expressly provided herein, the Noteholders, the Certificateholders, the Indenture Trustee, the Owner Trustee and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this SectionArticle IV, no other Person will person shall have any right or obligation hereunder.
Appears in 18 contracts
Samples: Trust Sale Agreement (Ally Auto Receivables Trust 2012-4), Trust Sale Agreement (Ally Auto Receivables Trust 2012-4), Trust Sale Agreement (Ally Auto Receivables Trust 2012-3)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer assigns, and the Indenture Trustee and the Owner Trustee shall be an express third-party beneficiary beneficiaries hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 17 contracts
Samples: Sale Agreement (Capital One Prime Auto Receivables Trust 2024-1), Sale Agreement (Capital One Prime Auto Receivables Trust 2024-1), Sale Agreement (Capital One Prime Auto Receivables Trust 2023-2)
Third Party Beneficiaries. This The parties to this Agreement shall inure be entitled to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each all of the Issuer privileges, benefits and the Indenture Trustee rights contained herein; no other party shall be an express third-a third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will or have any right hereunderrights hereunder or be able to enforce any provision contained herein.
Appears in 17 contracts
Samples: Limited Liability Company Agreement (Tesoro High Plains Pipeline Co LLC), Limited Liability Company Agreement (Tesoro High Plains Pipeline Co LLC), Limited Liability Company Agreement (Tesoro High Plains Pipeline Co LLC)
Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and except for Landlord(s), which are intended third party beneficiaries, no Person other than the parties hereto and their respective successors and permitted assigns and each is intended to be a beneficiary of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderAgreement.
Appears in 16 contracts
Samples: Pooling Agreement (Service Properties Trust), Pooling Agreement (Service Properties Trust), Transaction Agreement (Service Properties Trust)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns assigns, and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 15 contracts
Samples: Purchase Agreement (Capital One Prime Auto Receivables Trust 2024-1), Purchase Agreement (Capital One Prime Auto Receivables Trust 2024-1), Purchase Agreement (Capital One Prime Auto Receivables Trust 2022-2)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Certificateholder and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this SectionSection 9.18, no other Person will have any right hereunder.
Appears in 14 contracts
Samples: Sale and Servicing Agreement (Usaa Acceptance LLC), Sale and Servicing Agreement (Usaa Acceptance LLC), Sale and Servicing Agreement (Usaa Acceptance LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 12 contracts
Samples: Sale and Servicing Agreement, Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 12 contracts
Samples: Purchase Agreement (Bank of America Auto Trust 2012-1), Purchase Agreement (Bank of America Auto Trust 2012-1), Purchase Agreement (Bank of America Auto Trust 2012-1)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and, to the extent expressly provided herein, the Noteholders, the Certificateholders, the AART Indenture Trustee, the AART Owner Trustee and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in Section 6.01 or in this SectionArticle IX, no other Person will shall have any right or obligation hereunder.
Appears in 10 contracts
Samples: Administration Agreement (Ally Auto Assets LLC), Administration Agreement (Ally Auto Assets LLC), Administration Agreement (Ally Auto Assets LLC)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of hereto, the Issuer and the Indenture Trustee for the benefit of the Noteholders, both of which shall be an express considered to be third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretobeneficiaries hereof. Except as otherwise provided in this SectionAgreement, no other Person will have any right or obligation hereunder.
Appears in 10 contracts
Samples: Receivables Purchase Agreement (Honda Auto Receivables 2004-3 Owner Trust), Receivables Purchase Agreement (American Honda Receivables Corp), Receivables Purchase Agreement (Honda Auto Receivables 2003-1 Owner Trust)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 9 contracts
Samples: Purchase Agreement (Usaa Acceptance LLC), Purchase Agreement (Usaa Acceptance LLC), Purchase Agreement (Usaa Acceptance LLC)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto hereto, the Secured Parties and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this SectionSection 7.11, no other Person will have any right or obligation hereunder; provided that the Issuer shall have the right to enforce all rights of the Receivables Trust.
Appears in 8 contracts
Samples: Servicing Agreement, Omnibus Amendment (Conns Inc), Omnibus Amendment (Conns Inc)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer Issuer, the Grantor Trust and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this SectionSection 4.15, no other Person will have any right hereunder.
Appears in 8 contracts
Samples: Purchase Agreement (Bridgecrest Lending Auto Securitization Trust 2025-1), Purchase Agreement (Bridgecrest Lending Auto Securitization Trust 2025-1), Purchase Agreement (Bridgecrest Lending Auto Securitization Trust 2024-4)
Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and except for Owner, which is an intended third party beneficiary, and as otherwise provided in Section 15.05, no Person other than the parties hereto and their respective successors and permitted assigns and each is intended to be a beneficiary of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderAgreement.
Appears in 7 contracts
Samples: Transaction Agreement (Five Star Senior Living Inc.), Transaction Agreement (Senior Housing Properties Trust), Transaction Agreement (Five Star Senior Living Inc.)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this SectionSection 37.9 or to the extent provided in relation to any Facility Indemnified Parties, no other Person will have any right or obligation hereunder.
Appears in 7 contracts
Samples: u.s. Receivables Loan Agreement (Huntsman International LLC), u.s. Receivables Loan Agreement, u.s. Servicing Agreement, u.s. Receivables Purchase Agreement (Huntsman International LLC), u.s. Receivables Loan Agreement, u.s. Servicing Agreement, u.s. Receivables Purchase Agreement (Huntsman International LLC)
Third Party Beneficiaries. This Agreement and the Second Step Receivables Assignment shall inure to the benefit of and be binding upon the parties hereto and, to the extent expressly provided herein, the Noteholders, the Certificateholders, the Indenture Trustee, the Owner Trustee and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in Section 6.01 or in this SectionArticle IX, no other Person will person shall have any right or obligation hereunder.
Appears in 7 contracts
Samples: Trust Sale and Servicing Agreement (Ally Auto Receivables Trust 2010-5), Trust Sale and Servicing Agreement (Ally Auto Receivables Trust 2010-5), Trust Sale and Servicing Agreement (Ally Auto Receivables Trust 2010-4)
Third Party Beneficiaries. This Agreement and the Second Step Receivables Assignment shall inure to the benefit of and be binding upon the parties hereto and, to the extent expressly provided herein, the Noteholders, the Certificateholders, the Indenture Trustee, the Owner Trustee and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in Section 6.01 or in this SectionArticle IX, no other Person will shall have any right or obligation hereunder.
Appears in 7 contracts
Samples: Trust Sale and Servicing Agreement, Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2016-3), Trust Sale and Servicing Agreement (Capital Auto Receivables Asset Trust 2016-3)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Securityholders and the Trustees and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in Section 7.01 or in this SectionArticle X, no other Person will shall have any right or obligation hereunder.
Appears in 6 contracts
Samples: Pooling and Servicing Agreement (Navistar Financial Retail Receivables Corporation), Pooling and Servicing Agreement (Navistar Financial Retail Receivables Corporation), Pooling and Servicing Agreement (Navistar Financial Retail Receivables Corporation)
Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and except for Owners, which are intended third party beneficiaries, no Person other than the parties hereto and their respective successors and permitted assigns and each is intended to be a beneficiary of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderAgreement.
Appears in 6 contracts
Samples: Pooling Agreement (Five Star Quality Care Inc), Pooling Agreement (Senior Housing Properties Trust), Pooling Agreement (Senior Housing Properties Trust)
Third Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of and be binding upon the parties hereto and thereto and their respective successors and permitted assigns assigns. No Person other than the Credit Parties, the Administrative Agent, the Forbearing Lenders and, in the case of Section 13 hereof, the Released Parties, shall have any rights hereunder or be entitled to rely on this Agreement and each of the Issuer and the Indenture Trustee shall be an express all third-party beneficiary hereof and may enforce rights (other than the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderrights of the Released Parties under Section 13 hereof) are hereby expressly disclaimed.
Appears in 6 contracts
Samples: Forbearance Agreement (California Resources Corp), Forbearance Agreement (California Resources Corp), Forbearance Agreement (California Resources Corp)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Securityholders and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in Section 7.1 or in this SectionArticle X, no other Person will person shall have any right or obligation hereunder.
Appears in 6 contracts
Samples: Trust Sale and Servicing Agreement, Trust Sale and Servicing Agreement (Ally Wholesale Enterprises LLC), Trust Sale and Servicing Agreement (Superior Wholesale Inventory Financing Trust 2007-Ae-1)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto hereto, the Beneficiaries and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this SectionArticle XI, no other Person person will have any right or obligation hereunder.
Appears in 5 contracts
Samples: Trust Agreement (Planet Polymer Technologies Inc), Trust Agreement (Planet Polymer Technologies Inc), Trust Agreement (Planet Polymer Technologies Inc)
Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and except for Landlord and HPT, which are intended third party beneficiaries, no Person other than the parties hereto and their respective successors and permitted assigns and each is intended to be a beneficiary of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderAgreement.
Appears in 5 contracts
Samples: Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust), Management Agreement (Hospitality Properties Trust)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 4 contracts
Samples: Sale Agreement (Bank of America Auto Trust 2012-1), Sale Agreement (Bank of America Auto Trust 2012-1), Sale Agreement (Bank of America Auto Trust 2010-2)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer Issuer[, the Swap Counterparty] and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 4 contracts
Samples: Purchase Agreement (Capital One Auto Receivables LLC), Purchase Agreement (Capital One Auto Receivables LLC), Purchase Agreement (Capital One Auto Receivables LLC)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of hereto, the Issuer and the Indenture Trustee for the benefit of the Noteholders, each of which shall be an express considered to be a third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretohereof. Except as otherwise provided in this SectionAgreement, no other Person will have any right or obligation hereunder. SECTION 5.11.
Appears in 4 contracts
Samples: Receivables Purchase Agreement, Receivables Purchase Agreement, Receivables Purchase Agreement
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Residual Interestholders and their respective successors and permitted assigns and each of the Issuer Owner Trustee and the Indenture Trustee Swap Counterparty shall be an express third-third party beneficiary beneficiaries hereof and may enforce the provisions hereof as if it they were a party parties hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2005-1), Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2004-2), Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2007-1)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto Parties hereto, the Noteholders and the Certificateholders and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 4 contracts
Samples: Servicing Agreement (Bank of America Auto Trust 2012-1), Servicing Agreement (Bank of America Auto Trust 2012-1), Servicing Agreement (Bank of America Auto Trust 2010-2)
Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and except for Landlord and SVC, which are intended third party beneficiaries, no Person other than the parties hereto and their respective successors and permitted assigns and each is intended to be a beneficiary of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderAgreement.
Appears in 4 contracts
Samples: Management Agreement (Service Properties Trust), Management Agreement (Service Properties Trust), Transaction Agreement (Service Properties Trust)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Residual Interestholders and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary beneficiaries hereof and may enforce the provisions hereof as if it they were a party parties hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2007-2), Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2006-1), Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2006-2)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of (i) the Issuer Owner Trustee[, and the Indenture Trustee Swap Counterparty] shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto (ii) and the Seller shall be an express third party beneficiary of Sections 8.18, 8.19, 8.20 and 8.21 and may enforce such provisions as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 3 contracts
Samples: Servicing Agreement (Capital One Auto Receivables LLC), Servicing Agreement (Capital One Auto Receivables LLC), Servicing Agreement (Capital One Auto Receivables LLC)
Third Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of and be binding upon the parties hereto and thereto and their respective successors and permitted assigns assigns. No Person other than the Credit Parties, the Administrative Agent, the Forbearing Lenders and, in the case of Section 21 hereof, the Released Parties, shall have any rights hereunder or be entitled to rely on this Agreement and each of the Issuer and the Indenture Trustee shall be an express all third-party beneficiary hereof and may enforce rights (other than the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderrights of the Released Parties under Section 21 hereof) are hereby expressly disclaimed.
Appears in 3 contracts
Samples: Forbearance Agreement (California Resources Corp), Forbearance Agreement (California Resources Corp), Forbearance Agreement (California Resources Corp)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Residual Interestholders and their respective successors and permitted assigns and each of the Issuer Owner Trustee, the Insurer and the Indenture Trustee Swap Counterparty shall be an express third-third party beneficiary beneficiaries hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 3 contracts
Samples: Contribution Agreement (Santander Drive Auto Receivables Trust 2007-2), Contribution Agreement (Santander Drive Auto Receivables Trust 2007-1), Contribution Agreement (Santander Drive Auto Receivables Trust 2007-3)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders [, the Swap Counterparty] and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 3 contracts
Samples: Sale Agreement, Sale Agreement (Bank of America Auto Receivables Securitization, LLC), Sale Agreement (Bank of America Auto Receivables Securitization, LLC)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of hereto, the Issuer Issuer, the Swap Counterparty and the Indenture Trustee for the benefit of the Noteholders, who shall be an express considered to be third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretobeneficiaries hereof. Except as otherwise provided in this SectionAgreement, no other Person will have any right or obligation hereunder.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (CarMax Auto Owner Trust 2007-3), Receivables Purchase Agreement (CarMax Auto Owner Trust 2008-2), Receivables Purchase Agreement (CarMax Auto Owner Trust 2008-1)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Securityholders and the Trustees and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this SectionArticle V, no other Person will shall have any right or obligation hereunder.
Appears in 3 contracts
Samples: Pooling Agreement (Navistar Financial 2005-a Owner Trust), Pooling Agreement (Navistar Financial Retail Rec Corp Navistar Fin 04 a Own Tr), Pooling Agreement (Navistar Financial Retail Receivables Corporation)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and their respective successors and permitted assigns assigns. Except as otherwise provided in Section 4.2 and each this Article V, no other Person shall have any right or obligation hereunder. The parties hereto hereby acknowledge and consent to the pledge of this Agreement by the Issuer and Trust to the Indenture Trustee shall be for the benefit of the Noteholders and the Insurer pursuant to the Indenture. The Insurer is an express third-third party beneficiary hereof of this Agreement and may is entitled to enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 3 contracts
Samples: Sale and Allocation Agreement (First Investors Financial Services Group Inc), Sale and Allocation Agreement (First Investors Financial Services Group Inc), Sale and Allocation Agreement (First Investors Financial Services Group Inc)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Certificateholder and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this SectionSection 8.16, no other Person will have any right hereunder.
Appears in 3 contracts
Samples: Servicing Agreement (Fifth Third Auto Trust 2015-1), Servicing Agreement (Fifth Third Auto Trust 2014-3), Servicing Agreement (Fifth Third Auto Trust 2014-2)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Residual Interestholders and their respective successors and permitted assigns and each of the Issuer Owner Trustee, the Swap Counterparty and the Indenture Trustee Insurer shall be an express third-third party beneficiary beneficiaries hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-1), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-2)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Residual Interestholders and their respective successors and permitted assigns and [each of of] the Issuer Owner Trustee [and the Indenture Trustee Insurer] shall be an express third-third party beneficiary [beneficiaries] hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Drive Auto Receivables LLC), Sale and Servicing Agreement (Drive Auto Receivables LLC)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto hereto, the Holders and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this SectionSection 10.12, no other Person will have any right or obligation hereunder.
Appears in 3 contracts
Samples: Pooling Agreement (Lifestyle Furnishings International LTD), Pooling Agreement (American Axle & Manufacturing Holdings Inc), Pooling Agreement (American Axle & Manufacturing Inc)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and the Noteholders and their respective successors and permitted assigns and each of the Issuer and Issuer, the Indenture Trustee and the Swap Counterparty shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Capital One Prime Auto Receivables Trust 2007-1), Purchase Agreement (Capital One Prime Auto Receivables Trust 2005-1)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Certificateholder and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Porsche Auto Funding LLC), Servicing Agreement (Fifth Third Auto Trust 2014-1)
Third Party Beneficiaries. This Agreement shall inure to ------------------------- the benefit of and be binding upon the parties hereto hereto, the Securityholders and the Trustees and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in Section 7.01 or in this SectionArticle X, no other Person will shall have any right or obligation hereunder.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Navistar Financial Retail Receivables Corporation), Pooling and Servicing Agreement (Navistar Financial Retail Receivables Corporation)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer [ ], in its individual capacity and the Indenture Trustee as Owner Trustee, shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee for the benefit of the Noteholders, each of which shall be an express considered to be a third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretohereof. Except as otherwise provided in this SectionAgreement, no other Person will have any right or obligation hereunder.
Appears in 2 contracts
Samples: Issuer Subi Certificate Transfer Agreement (Toyota Lease Trust), Issuer Subi Certificate Transfer Agreement (Toyota Lease Trust)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer Issuer[, the Grantor Trust] and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Santander Drive Auto Receivables LLC), Purchase Agreement (Bridgecrest Auto Funding LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.. 34 Sale and Servicing Agreement (2016-2)
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and assigns, and, the Indenture Trustee and the Owner Trustee shall be an express third-party beneficiary beneficiaries hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.hereunder.β
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement
Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto, and as otherwise provided in Section 15.05, no Person other than the parties hereto and their respective successors and permitted assigns and each is intended to be a beneficiary of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderAgreement.
Appears in 2 contracts
Samples: Management Agreement (Senior Housing Properties Trust), Management Agreement (Five Star Quality Care Inc)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer Owner Trustee and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.. 21 Asset Representations Review Agreement (SDART 2025-1)
Appears in 2 contracts
Samples: Asset Representations Review Agreement (Santander Drive Auto Receivables Trust 2025-1), Asset Representations Review Agreement (Santander Drive Auto Receivables Trust 2025-1)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, and their respective successors and permitted assigns and each will also, to the extent expressly provided in this Agreement, inure to the benefit of the Issuer Servicer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoAssignee. Except as otherwise provided in this SectionSection 8.9, no other Person will have any right or obligation hereunder.
Appears in 2 contracts
Samples: Asset Purchase Agreement (American Finance Group Inc /De/), Asset Purchase Agreement (PLM International Inc)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Certificateholder and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 2 contracts
Samples: Servicing Agreement (Fifth Third Auto Trust 2023-1), Servicing Agreement (Fifth Third Auto Trust 2023-1)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of assigns. The parties further agree that the Issuer Indenture Trustee, the Noteholders, the Certificateholders and the Indenture Trustee Note Insurer shall be an express third-deemed to be third party beneficiary hereof and may enforce the provisions hereof as if it were a party heretobeneficiaries of this Agreement. Except as otherwise provided in this SectionAgreement, no other Person will shall have any right or obligation hereunder.
Appears in 2 contracts
Samples: Trust Agreement (Green Tree Financial Corp), Trust Agreement (Green Tree Financial Corp)
Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and no Person other than the parties hereto and their respective successors and permitted assigns and each is intended to be a beneficiary of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderAgreement.
Appears in 2 contracts
Samples: Pooling Agreement (Senior Housing Properties Trust), Pooling Agreement (Five Star Quality Care Inc)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the assigns. The Indenture Trustee shall be an express is a third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoto this Agreement. Except as otherwise provided in this SectionArticle VII, no other Person will have any right or obligation hereunder.
Appears in 2 contracts
Samples: Transfer Agreement (WF Card Funding LLC), Transfer Agreement (WF Card Issuance Trust)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.. 20 Asset Representations Review Agreement (SDART 2018-1)
Appears in 2 contracts
Samples: Asset Representations Review Agreement (Santander Drive Auto Receivables LLC), Asset Representations Review Agreement (Santander Drive Auto Receivables LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer Issuer, the Grantor Trust and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Bridgecrest Lending Auto Securitization Trust 2023-1), Purchase Agreement (Bridgecrest Lending Auto Securitization Trust 2023-1)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders [, the Swap Counterparty] and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Bank of America Auto Receivables Securitization, LLC), Purchase Agreement (Bank of America Auto Receivables Securitization, LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto Parties hereto, the Noteholders [, the Swap Counterparty] and the Certificateholders and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 2 contracts
Samples: Servicing Agreement (Bank of America Auto Receivables Securitization, LLC), Servicing Agreement (Bank of America Auto Receivables Securitization, LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.. 37 Sale and Servicing Agreement (DRIVE 2019-4)
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2019-4), Sale and Servicing Agreement (Drive Auto Receivables Trust 2019-4)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Residual Interestholders and their respective successors and permitted assigns and each of the Issuer Owner Trustee [and the Indenture Trustee Insurer] shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 2 contracts
Samples: Contribution Agreement (Drive Auto Receivables LLC), Contribution Agreement (Santander Drive Auto Receivables LLC)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each hereto. Each of the Issuer Issuer, the Indenture Trustee, the Owner Trustee, the Swap Counterparty and the Indenture Trustee Noteholders shall be an express deemed to be a third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoof this Agreement. Except as otherwise provided in this SectionAgreement, no other Person will have any right or obligation hereunder.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Wachovia Auto Loan Owner Trust 2007-1), Receivables Purchase Agreement (Wachovia Auto Owner Trust 2008-A)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.. 20 Asset Representations Review Agreement (DRIVE 2018-2)
Appears in 2 contracts
Samples: Asset Representations Review Agreement (Santander Drive Auto Receivables LLC), Asset Representations Review Agreement (Santander Drive Auto Receivables LLC)
Third Party Beneficiaries. This Acquiror shall be a third party beneficiary of this Agreement. Nothing contained in this Agreement shall inure is intended to the benefit of and be binding confer upon any Person or entity other than the parties hereto and their respective successors and permitted assigns (other than Acquiror), any benefit, right or remedies under or by reason of this Agreement, except that the provisions of Sections 6.1 and each 8.13 hereof shall inure to the benefit of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderpersons referred to therein.
Appears in 2 contracts
Samples: Agreement and Plan of Distribution (Rockwell International Corp), Agreement and Plan of Distribution (Boeing Co)
Third Party Beneficiaries. This Acquiror shall be a third party beneficiary of this Agreement. Nothing contained in this Agreement shall inure is intended to the benefit of and be binding confer upon any Person or entity other than the parties hereto and their respective successors and permitted assigns and each (other than Acquiror), any benefit, right or remedies under or by reason of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce this Agreement, except that the provisions of Article VIII hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereundershall inure to the benefit of Indemnitees.
Appears in 2 contracts
Samples: Distribution Agreement (Valero Energy Corp), Agreement and Plan of Distribution (Valero Refining & Marketing Co)
Third Party Beneficiaries. This Agreement and the rights and benefits hereof shall inure to the benefit of each of the parties hereto and its respective successors and assigns and shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and bind each of the Issuer ABL Claimholders and the Indenture Trustee Term Claimholders. Other than Section 8.3, in no event shall any Grantor be an express third-a third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in of this Section, no other Person will have any right hereunderAgreement.
Appears in 2 contracts
Samples: Intercreditor Agreement (Warrior Met Coal, Inc.), Intercreditor Agreement (Warrior Met Coal, Inc.)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Noteholders and the Certificateholders and their respective successors and permitted assigns and each of the Issuer and the Indenture Owner Trustee shall be an express third-third party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2003-1), Sale and Servicing Agreement (Capital One Auto Receivables LLC)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer Owner Trustee and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.. 20 Asset Representations Review Agreement (DRIVE 2024-1)
Appears in 2 contracts
Samples: Asset Representations Review Agreement (Drive Auto Receivables Trust 2024-1), Asset Representations Review Agreement (Drive Auto Receivables Trust 2024-1)
Third Party Beneficiaries. This The provisions of this Agreement shall inure and of the other agreements, documents and instruments to be executed and delivered pursuant hereto are and will be for the benefit of and be binding upon the parties hereto only and their respective successors are not for the benefit of any third party, and permitted assigns and accordingly, no third party shall have the right to enforce the provisions of this Agreement or of any such other agreements, documents or instruments, provided, however, that (i) each of the Issuer and the Indenture Trustee Exculpated Party shall be an express a third-party beneficiary hereof of Article XIII and may enforce the provisions hereof as if it were (ii) each Indemnified Person shall be a third-party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunderbeneficiary of Article XII.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Global Net Lease, Inc.), Purchase and Sale Agreement (First Real Estate Investment Trust of New Jersey)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors successor and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (National Auto Finance Co Inc)
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee [ ], in its capacity as Certificate Paying Agent, shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.
Appears in 1 contract
Samples: Trust Agreement (Santander Drive Auto Receivables LLC)
Third Party Beneficiaries. This Subject to compliance with the terms of this Agreement, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective permitted successors and permitted assigns and of each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party parties hereto. Except as otherwise provided in Section 5, this SectionAgreement is not for the benefit of, no nor may any provision hereof be enforced by, any Person, other Person will have any right hereunderthan the parties hereto, their respective permitted successors and assigns.
Appears in 1 contract
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns assigns, and [each of the Issuer and Swap Counterparty,] the Indenture Trustee and the Owner Trustee shall be an express third-party beneficiary beneficiaries hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.. -13- Form of Sale Agreement
Appears in 1 contract
Third Party Beneficiaries. This Agreement shall inure to the ------------------------- benefit of and be binding upon the parties hereto hereto, the Securityholders and the Trustees and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise provided in this SectionArticle V, no other Person will shall have any right or obligation hereunder.
Appears in 1 contract
Samples: Pooling Agreement (Navistar Financial Retail Receivables Corporation)
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns hereto, and each of the Issuer Indenture Trustee and the Note Registrar under the Indenture Trustee shall be an express is a third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretobeneficiary. Except as otherwise provided in this SectionArticle IX, no other Person will have any right or obligation hereunder.
Appears in 1 contract
Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns assigns, and each of the Issuer Issuer, the Indenture Trustee, the Owner Trustee, the Servicer and the Indenture Trustee Backup Servicer shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party hereto. Except as otherwise provided in this Section, no other Person will have any right hereunder.. 12 Purchase Agreement (ACMAT 2025-1)
Appears in 1 contract
Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto hereto, the Securityholders, the Enhancement Providers, the Indenture Trustee and their respective successors and permitted assigns and each of the Issuer and the Indenture Trustee shall be an express third-party beneficiary hereof and may enforce the provisions hereof as if it were a party heretoassigns. Except as otherwise expressly provided in this SectionAgreement, no other Person will have any right or obligation hereunder.. * * * * *
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Samples: Trust Agreement (Wodfi LLC)