Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; 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 amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "
Appears in 40 contracts
Samples: Sale and Assignment Agreement (Onyx Acceptance Corp), Sale and Servicing Agreement (Onyx Acceptance Financial Corp), Sale 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 gendersgender; 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 amendments, modifications and supplements subsequent amendments 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 term terms "include" or "including" mean "include without limitation" or "including without limitation."
Appears in 35 contracts
Samples: Purchase Agreement (Americredit Automobile Receivable Trust 2005-D-A), Purchase Agreement (Americredit Automobile Receivables Trust 2003-B-X), Purchase Agreement (Americredit Financial Services Inc)
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; references to "writingWRITING" include printing, typing, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "INCLUDING" means "INCLUDING WITHOUT LIMITATION".
Appears in 14 contracts
Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer Funding Corp)
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "
Appears in 11 contracts
Samples: Pooling and Servicing Agreement (Chevy Chase Bank FSB), Pooling and Servicing Agreement (Chevy Chase Bank FSB), Servicing Agreement (First Investors Financial Services Group Inc)
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; 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, modifications amendments and restatements, and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "references to
Appears in 8 contracts
Samples: Administration Agreement (Nissan Auto Receivables 2017-B Owner Trust), Administration Agreement (Nissan Auto Receivables 2017-B Owner Trust), Administration Agreement (Nissan Auto Receivables 2017-a 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 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term 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 (Capita Equipment Receivables Trust 1996-1)
Usage of Terms. With respect to all terms in this the Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this the Agreement; references to Persons include their permitted successors and assigns; and the term "including" means "including without limitation."
Appears in 5 contracts
Samples: Pooling and Servicing Agreement (Fleetwood Credit Receivables Corp), Pooling and Servicing Agreement (Honda Auto Receivables 1996-a Grantor Trust), Pooling and Servicing Agreement (Fleetwood Credit Receivables Corp)
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "
Appears in 5 contracts
Samples: Contract Sale Agreement (National Auto Finance Co Inc), Contract Sale Agreement (National Auto Finance Co Inc), Servicing Agreement (National Auto Finance Co Inc)
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; references to "writingWRITING" include printing, typing, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "INCLUDING" means "INCLUDING WITHOUT LIMITATION."
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Newcourt Receivables Corp Ii), Pooling and Servicing Agreement (Newcourt Receivables Corp Ii), Sale and Servicing Agreement (Harley Davidson Customer 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 gendersgender; 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement or the Transfer and Servicing Agreement; references to Persons include their permitted successors and assigns; and the term terms "include" or "including" mean "include without limitation" or "including without limitation."
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Antigua Funding Corp), Purchase and Sale Agreement (Capita Equipment Receivables Trust 1996-1), Purchase and Sale Agreement (Antigua Funding 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 genders; references to "writing" include printing, typing, lithography lithography, facsimile, electronic transmissions and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all amendments, modifications and supplements thereto subsequent amendments hereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "herein
Appears in 3 contracts
Samples: Trust Agreement (Hartford Life Insurance Co), Trust Agreement (Hartford Life Insurance Co), Trust Agreement (Hartford Life Insurance Co)
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; 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 amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "instruments
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Bay View Securitization Corp), Tia Indenture (Toyota Motor Credit Receivables Corp), Toyota Motor Credit Corp
Usage of Terms. With respect to all terms in this AgreementIndenture, the singular includes the plural and the plural the singular; words importing any gender include the other genders; references to a "writing" include printing, typing, lithography and other means of reproducing words in a visible tangible form; references to agreements and other contractual instruments and statutes and other laws include all amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this AgreementIndenture; references to Persons include their permitted successors and assigns; and the term "
Appears in 2 contracts
Samples: Indenture (Microfinancial Inc), Indenture (Microfinancial 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 gendersgender; 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 amendments, modifications and supplements subsequent amendments 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 term terms "include" or "
Appears in 2 contracts
Samples: Purchase Agreement (Americredit Financial Services Inc), Purchase Agreement (Americredit Financial Services Inc)
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; references to "writingWRITING" include printing, typing, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "their
Appears in 2 contracts
Samples: Trust Agreement (Harley Davidson Customer Funding Corp), Trust Agreement (Harley Davidson Customer 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 one gender include the other gendersgender; 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 amendments, modifications and supplements subsequent amendments 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 term terms "include" or "
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 in this Agreement, the singular includes the plural and the plural includes the singular; , words importing any gender include the other gendersgender; 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons Person include their permitted successors and permitted assigns; , and the term "including" means including without limitation.
Appears in 2 contracts
Samples: Assignment and Assumption Agreement (Main Place Funding LLC), Assignment and Assumption Agreement (Main Place Funding 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 gendersgender; 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 amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "reproducing
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (First Security Corp /Ut/), Contribution and Servicing Agreement (Conseco Finance Lease 2000-1 LLC)
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "including" 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. (a) With respect to all terms in this AgreementIndenture, the singular includes the plural and the plural the singular; words importing any gender include the other genders; references to a "writing" include printing, typing, lithography and other means of reproducing words in a visible tangible form; references to agreements and other contractual instruments and statutes and other laws include all amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this AgreementIndenture; references to Persons include their permitted successors and assigns; and the term "
Appears in 1 contract
Samples: Indenture (Microfinancial Inc)
Usage of Terms. With respect to all terms in this the -------------- Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this the Agreement; references to Persons include their permitted successors and assigns; and the term "including" means "including without limitation."
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Nissan Auto Receivables Corp /De)
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any 5 gender include the other genders; 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 amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "including" means "including without limitation."
Appears in 1 contract
Samples: Ocai Transfer Agreement (Orix Credit Alliance Receivables Trust 1999-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 gendersgender; 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "to
Appears in 1 contract
Samples: Sale and Servicing Agreement (Arcadia Receivables Finance 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 gendersgender; 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 amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term ",
Appears in 1 contract
Samples: Master Sale and Servicing Agreement (Household Auto Receivables Corp)
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; 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 amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "with
Appears in 1 contract
Samples: Sale and Servicing Agreement (Onyx Acceptance Owner Trust 2005-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 gendersgender; 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 amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "visible
Appears in 1 contract
Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp)
Usage of Terms. With respect to all terms in this the Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this the Agreement; references to Persons include their permitted successors and assigns; and the term "including means "including without limitation."
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bay View Deposit CORP)
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "
Appears in 1 contract
Samples: Credit Acceptance Corporation
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other gendersgender; references to "writingWRITING" include printing, typing, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "INCLUDING" means "INCLUDING WITHOUT LIMITATION."
Appears in 1 contract
Usage of Terms. With respect to all terms in this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; 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 amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "with
Appears in 1 contract
Samples: Sale 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 genders; gender, references to "writing" include printingprinting typing lithography, typing, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "accordance
Appears in 1 contract
Usage of Terms. With respect to all terms in this the Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; 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 amendments, modifications and supplements thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; and the term "contractual
Appears in 1 contract
Samples: Pooling and Servicing Agreement (American Honda 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 gendersgender; references 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 amendments, modifications and supplements subsequent amendments thereto or any changes therein entered into in accordance with their respective terms and not prohibited by this Agreement, a Warehousing Document or a Securitization Document or a Servicing Agreement; references to Persons include their permitted successors and assigns; and the term "to
Appears in 1 contract
Samples: Receivables Purchase Agreement (Arcadia Financial LTD)
