Common use of Usage of Terms Clause in Contracts

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”

Appears in 277 contracts

Samples: Purchase Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Purchase Agreement (GM Financial Consumer Automobile Receivables Trust 2024-4), Purchase Agreement (Exeter Automobile Receivables Trust 2024-5)

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Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments, amendments and restatements and supplements thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”

Appears in 188 contracts

Samples: Trust Agreement (Toyota Auto Receivables 2024-D Owner Trust), Trust Agreement (Toyota Auto Receivables 2024-D Owner Trust), Trust Agreement (Toyota Auto Finance Receivables LLC)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”

Appears in 95 contracts

Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2024-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-C Owner Trust)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 80 contracts

Samples: Pooling and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp), Trust Agreement (Toyota Motor Credit Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”

Appears in 64 contracts

Samples: Backup Servicing Agreement (Credit Acceptance Corp), Backup Servicing Agreement (Credit Acceptance Corp), Backup Servicing Agreement (Credit Acceptance Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.

Appears in 28 contracts

Samples: Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-2), Trust Agreement (Harley-Davidson Motorcycle Trust 2011-1)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”

Appears in 27 contracts

Samples: Backup Servicing Agreement (CNH Capital Receivables LLC), Backup Servicing Agreement (CNH Capital Receivables LLC), Backup Servicing Agreement (CNH Equipment Trust 2011-A)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the other gender; references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation".

Appears in 23 contracts

Samples: Trust Agreement (NCT Funding Co LLC), Trust Agreement (NCT Funding Co LLC), Trust Agreement (CIT Equipment Collateral 2005-Vt1)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typingtyping (including digitally), lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”

Appears in 20 contracts

Samples: Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-B), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-B), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2024-B)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography(including digitally), lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”

Appears in 14 contracts

Samples: Sale and Servicing Agreement (Harley-Davidson Customer Funding Corp.), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2021-A), Sale and Servicing Agreement (Harley-Davidson Motorcycle Trust 2021-A)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or “including” mean “include without limitation” or “including without limitation.”"

Appears in 13 contracts

Samples: Trust Agreement (Green Tree Financial Corp), Trust Agreement (Nelnet Student Loan Corp 1), Trust Agreement (Green Tree Financial Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale Pooling and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 11 contracts

Samples: Transfer Agreement (Conseco Finance Securitizations Corp), Transfer Agreement (Conseco Finance Securitizations Corp), Transfer Agreement (Conseco Finance Securitizations Corp)

Usage of Terms. With respect to all terms used in this -------------- Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 10 contracts

Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”Sale

Appears in 9 contracts

Samples: Sale Agreement (Exeter Automobile Receivables Trust 2021-3), Sale Agreement (Exeter Automobile Receivables Trust 2021-3), Sale Agreement (Exeter Automobile Receivables Trust 2021-2)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, facsimile, electronic transmissions and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto hereto or changes therein herein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 9 contracts

Samples: Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Insurance Co), Omnibus Instrument (Protective Life Insurance Co)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments, amendments and restatements and supplements thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”references to

Appears in 8 contracts

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Americredit Corp), Pooling and Servicing Agreement (Household Auto Receivables Corp), Trust Agreement (Antigua Funding Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 6 contracts

Samples: Backup Servicing Agreement (Credit Acceptance Corporation), Backup Servicing Agreement (Credit Acceptance Corporation), Backup Servicing Agreement (Credit Acceptance Corporation)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale Pooling and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 4 contracts

Samples: Purchase Agreement (Prudential Securities Secured Financing Corp), Purchase Agreement (Prudential Securities Secured Financing Corp), Purchase Agreement (Prudential Securities Secured Financing Corp)

Usage of Terms. With respect to all terms used in this the Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Nationscredit Securitization Corp), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-2), Pooling and Servicing Agreement (Nationscredit Grantor Trust 1997-1)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the each other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Cit Equipment Collateral 2006-Vt2), Pooling and Servicing Agreement (CIT Equipment Collateral 2006-Vt1), Pooling and Servicing Agreement (Cit Funding Co, LLC)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1997-3), Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1998-1), Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)

Usage of Terms. With respect to all terms used in this -------------- Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale Pooling and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 4 contracts

Samples: Transfer Agreement (Conseco Finance Securitizations Corp), Transfer Agreement (Conseco Finance Corp), Transfer Agreement (Conseco Finance Securitizations Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Bluegreen Corp), Master Loan Agency Agreement (Ace Cash Express Inc/Tx), Sale and Servicing Agreement (Bluegreen Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 3 contracts

Samples: Contribution Agreement (Prudential Securities Secured Financing Corp), Purchase Agreement (Prudential Securities Secured Financing Corp), Contribution Agreement and Assignment (Prudential Securities Secured Financing Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale Transfer and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 3 contracts

Samples: Purchase and Sale Agreement (Capita Equipment Receivables Trust 1996-1), Purchase and Sale Agreement (Antigua Funding Corp), Purchase and Sale Agreement (Antigua Funding Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”

Appears in 3 contracts

Samples: Sale and Servicing Agreement, Membership Interest Purchase Agreement (DT Acceptance Corp), Sale and Servicing Agreement (DriveTime Automotive, Inc.)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the each other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.

Appears in 3 contracts

Samples: Trust Agreement (CIT Equipment Collateral 2008-Vt1), Trust Agreement (Cit Equipment Collateral 2006-Vt2), Trust Agreement (Cit Funding Co, LLC)

Usage of Terms. With respect to all terms used in this the Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into effected in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Usaa Federal Savings Bank), Pooling and Servicing Agreement (Usaa Federal Savings Bank), Pooling and Servicing Agreement (Usaa Federal Savings Bank)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; , words importing any gender include the other gender; , references to "writing" include printing, typing, printing typing lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 3 contracts

Samples: Sale and Servicing Agreement (First Enterprise Financial Group Inc), Sale and Servicing Agreement (First Enterprise Financial Group Inc), Sale and Servicing Agreement (First Enterprise Financial Group Inc)

Usage of Terms. With respect to all terms used in this the Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into effected in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" and its variations means "including without limitation."

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Usaa Acceptance LLC)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Paragon Auto Receivables Corp), Depositor Purchase Agreement (Prudential Securities Secured Financing Corp), Receivables Purchase Agreement (Paragon Auto Receivables Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, facsimile and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation".

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Beneficial Mortgage Services Inc), Pooling and Servicing Agreement (Beneficial Mortgage Services Inc)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation".

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Triad Financial Corp), Pooling and Servicing Agreement (Triad Financial Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.” ARTICLE II CONVEYANCE OF RECEIVABLES

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2018-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2018-D Owner Trust)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Trendwest Resorts Inc), Receivables Transfer Agreement (Trendwest Resorts Inc)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or “including” mean “include without limitation” or “including without limitation.”"

Appears in 2 contracts

Samples: Receivables Purchase Agreement (Asset Backed Securities Corp), Receivables Purchase Agreement (Triad Financial Corp)

Usage of Terms. With respect to all terms used in this the Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Onyx Acceptance Financial Corp), Pooling and Servicing Agreement (Onyx Acceptance Grantor Trust 1997-4)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” "electronic" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 1 contract

Samples: Trust and Servicing Agreement (Uacsc 2002-a Owner TRST Auto Receivable Back Nt)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural includes the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and permitted assigns; and the terms “include” or term “including” mean “include without limitation” or “means including without limitation.

Appears in 1 contract

Samples: Co Ownership Agreement (Prime Group Realty Trust)

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Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural includes the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation.”; "the words

Appears in 1 contract

Samples: Sale and Servicing Agreement (National Auto Finance Co Inc)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; , words importing any gender include the other gender; , references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and permitted assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 1 contract

Samples: Sale and Servicing Agreement (Clark/Bardes Inc)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” a writing include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation".

Appears in 1 contract

Samples: Purchase and Servicing Agreement (Mego Financial Corp)

Usage of Terms. With respect to all terms used in this -------------- Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation".

Appears in 1 contract

Samples: Owner Trust Agreement (Auto Nations Receivables Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include including printing, typing, lithography, lithography and other means of reproducing words in a visible form, including electronic facsimiles and photocopies; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”

Appears in 1 contract

Samples: Participation and Servicing Agreement (Check Mart of New Mexico Inc)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a permanent visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “term "including " means "including without limitation".

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Resource America Inc)

Usage of Terms. With respect to all terms used in this Agreement, ----------------- the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Receivables Financing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 1 contract

Samples: Master Receivables Purchase Agreement (Americredit Financial Services of Canada LTD)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean means include without limitation” or “including including, without limitation.”

Appears in 1 contract

Samples: Backup Servicing Agreement (Credit Acceptance Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural includes the singular; , words importing any gender include the other gender; genders, references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; , references to agreements and other contractual instruments include all subsequent amendments amendments, modifications or supplements thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; , references to Persons include their permitted successors and assigns; , and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Reliance Acceptance Group Inc)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any either gender include the other gender; references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Bay View Securitization Corp)

Usage of Terms. With respect to all terms used in this Agreement, Agreement the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, optical imaging, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “including without limitation.”"

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HFC Revolving Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, facsimile, electronic transmissions and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto hereto or changes therein herein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”

Appears in 1 contract

Samples: Omnibus Instrument (Protective Life Secured Trust 2003-1)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale Sales and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 1 contract

Samples: Owner Trust Purchase Agreement (Prudential Securities Secured Financing Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”term "

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Onyx Acceptance Financial Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any one gender include the other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.

Appears in 1 contract

Samples: Trust Agreement (Cit Funding Co, LLC)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments, amendments and restatements and supplements thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “including” mean “include without limitation” or “including without limitation.”references to

Appears in 1 contract

Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2003-C Owner Trust)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.” 2.SUBSERVICING

Appears in 1 contract

Samples: Membership Interest Purchase Agreement

Usage of Terms. With respect to all terms used in this ---------------- Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 1 contract

Samples: Master Loan Agency Agreement (Community West Bancshares /)

Usage of Terms. With respect to all terms used in this Agreement, -------------- the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Transamerica Consumer Mortgage Receivables Corp)

Usage of Terms. With respect to all terms used in this -------------- Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 1 contract

Samples: Sale and Servicing Agreement (First Security Bank Na)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.

Appears in 1 contract

Samples: Trust Agreement (BBX Capital Corp)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to “writing” include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or term “including” mean “include without limitation” or means “including without limitation.”

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp)

Usage of Terms. With respect to all terms used in -------------- this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation."

Appears in 1 contract

Samples: Purchase Agreement (Americredit Financial Services Inc)

Usage of Terms. With respect to all terms used in this Agreement, -------------- the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation".

Appears in 1 contract

Samples: Trust Agreement (Mitsui Vendor Leasing 1998-1 LLC)

Usage of Terms. With respect to all terms used in this Agreement, the singular includes the plural and the plural includes the singular; words importing any gender include the other gender; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms "include" or "including" mean "include without limitation" or "including without limitation.”"; the words "herein", "hereof" and

Appears in 1 contract

Samples: Sale and Servicing Agreement (National Auto Finance Co Inc)

Usage of Terms. With respect to all terms used in this Agreement, the Agreement the singular includes the plural and the plural the singular; words importing any gender include the other gendergenders; references to "writing" include printing, typing, lithography, and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Sale and Servicing Agreement; references to Persons include their permitted successors and assigns; and the terms “include” or “term "including” mean “include without limitation” or “" means "including without limitation."

Appears in 1 contract

Samples: Servicing Agreement (National Auto Finance Co Inc)

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