Valid and Binding Obligations. Each of the Transaction Documents to which the Trust is a party when executed by the Owner Trustee on behalf of the Trust, will constitute the legal, valid and binding obligations of the Trust enforceable against the Trust in accordance with their respective terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy. The Certificate, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the Trust. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the Trust, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 7 contracts
Sources: Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2010-B), Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2010-A), Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F)
Valid and Binding Obligations. Each of the Transaction Documents to which the Trust AmeriCredit is a party party, when executed and delivered by it, and assuming due authorization, execution and delivery by the Owner Trustee on behalf of the Trustother parties thereto, will constitute the legal, valid and binding obligations of the Trust AmeriCredit, enforceable against the Trust in accordance with their respective its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and or other similar laws affecting the enforcement of creditors’ rights generally or and general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policyprinciples. The Certificate, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the Trust. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the Trust, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 7 contracts
Sources: Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2010-B), Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2010-A), Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F)
Valid and Binding Obligations. Each of the Transaction Documents to which either the Trust Company or AFS SenSub is a party when executed and delivered by the Owner Trustee on behalf of Company or AFS SenSub, as the Trustcase may be, will constitute the legal, valid and binding obligations of the Trust such Person, enforceable against the Trust in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and or other similar laws affecting the enforcement of creditors’ rights generally or and general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policyprinciples. The Certificate, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the Trust. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the Trust, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 5 contracts
Sources: Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2010-B), Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2010-A), Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2007-D-F)
Valid and Binding Obligations. Each of the Transaction Documents to which either the Company or Funding Trust is a party when executed and delivered by the Owner Trustee on behalf of Company or Funding Trust, as the Trustcase may be, will constitute the legal, valid and binding obligations of the Trust such Person, enforceable against the Trust in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and or other similar laws affecting the enforcement of creditors’ rights generally or and general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policyprinciples. The Certificate, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the Trust. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the Trust, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 2 contracts
Sources: Insurance and Indemnity Agreement (AmeriCredit Automobile Receivables Trust 2004-D-F), Insurance and Indemnity Agreement (Americredit Automobile Receivables Trust 2005-C-F)
Valid and Binding Obligations. Each of the Transaction Documents to which the Trust either TFC or TFCRC VI is a party when executed and delivered by TFC or TFCRC VI, as the Owner Trustee on behalf of the Trustcase may be, will constitute the legal, valid and binding obligations of the Trust such Person, enforceable against the Trust in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and or other similar laws affecting the enforcement of creditors’ ' rights generally or and general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policyprinciples. The Certificate, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the TrustIssuer. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the TrustIssuer, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ ' rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 1 contract
Sources: Insurance and Indemnity Agreement (TFC Enterprises Inc)
Valid and Binding Obligations. Each of the Transaction Documents to which the Trust AmeriCredit is a party party, when executed and delivered by it, and assuming due authorization, execution and delivery by the Owner Trustee on behalf of the Trustother parties thereto, will constitute the legal, valid and binding obligations of the Trust AmeriCredit, enforceable against the Trust in accordance with their respective its terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and or other similar laws affecting the enforcement of creditors’ ' rights generally or and general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policyprinciples. The Certificate, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the Trust. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the Trust, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ ' rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 1 contract
Sources: Insurance and Indemnity Agreement (AFS Funding Trust)
Valid and Binding Obligations. Each of the Transaction ----------------------------- Documents to which the Trust either TFC or TFCRC V is a party when executed and delivered by TFC or TFCRC V, as the Owner Trustee on behalf of the Trustcase may be, will constitute the legal, valid and binding obligations of the Trust such Person, enforceable against the Trust in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and or other similar laws affecting the enforcement of creditors’ ' rights generally or and general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policyprinciples. The Certificate, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the TrustIssuer. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the TrustIssuer, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ ' rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 1 contract
Sources: Insurance and Indemnity Agreement (TFC Enterprises Inc)
Valid and Binding Obligations. Each of the Transaction Documents ----------------------------- to which the Trust either TFC or TFCRC IV is a party when executed and delivered by TFC or TFCRC IV, as the Owner Trustee on behalf of the Trustcase may be, will constitute the legal, valid and binding obligations of the Trust such Person, enforceable against the Trust in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and or other similar laws affecting the enforcement of creditors’ ' rights generally or and general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policyprinciples. The Certificate, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the TrustIssuer. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the TrustIssuer, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ ' rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 1 contract
Sources: Insurance and Indemnity Agreement (TFC Enterprises Inc)
Valid and Binding Obligations. Each of the Transaction ----------------------------- Documents to which the Trust either TFC or TFCRC III is a party when executed and delivered by TFC or TFCRC III, as the Owner Trustee on behalf of the Trustcase may be, will constitute the legal, valid and binding obligations of the Trust such Person, enforceable against the Trust in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and or other similar laws affecting the enforcement of creditors’ ' rights generally or and general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policyprinciples. The Certificate, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the TrustIssuer. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the TrustIssuer, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ ' rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 1 contract
Sources: Insurance and Indemnity Agreement (TFC Enterprises Inc)
Valid and Binding Obligations. Each of the Transaction Documents to which either NAFI or the Trust Transferor is a party when executed and delivered by NAFI or by the Owner Trustee on behalf of Transferor, as the Trustcase may be, will constitute the legal, valid and binding obligations of the Trust such Person, enforceable against the Trust in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and or other similar laws affecting the enforcement of creditors’ ' rights generally or and general equitable principles (whether principles. The Securities, when executed, authenticated and delivered in a proceeding at law or accordance with the Indenture, will be binding obligations of the Trust, enforceable in equity) accordance with their terms, validly issued and except outstanding and entitled to the extent that rights to indemnity and contribution benefits of the Indenture, except as such enforceability may be limited by public policybankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and general equitable principles. The CertificateCertificates, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the Trust. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the Trust, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 1 contract
Sources: Insurance and Indemnity Agreement (National Auto Finance Co Inc)
Valid and Binding Obligations. Each of the Transaction Documents to which either the Company or Funding Trust is a party when executed and delivered by the Owner Trustee on behalf of Company or Funding Trust, as the Trustcase may be, will constitute the legal, valid and binding obligations of the Trust such Person, enforceable against the Trust in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and or other similar laws affecting the enforcement of creditors’ ' rights generally or and general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policyprinciples. The Certificate, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the Trust. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the Trust, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ ' rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 1 contract
Sources: Insurance and Indemnity Agreement (AFS Funding Trust)
Valid and Binding Obligations. Each of the Transaction Documents ----------------------------- to which the Trust either TFC or TFCRC is a party when executed and delivered by TFC or TFCRC, as the Owner Trustee on behalf of the Trustcase may be, will constitute the legal, valid and binding obligations of the Trust such Person, enforceable against the Trust in accordance with their respective terms, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and or other similar laws affecting the enforcement of creditors’ ' rights generally or and general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policyprinciples. The Certificate, when executed, authenticated and delivered in accordance with the Trust Agreement, will be validly issued and outstanding and entitled to the benefits of the Trust Agreement and will evidence the entire beneficial ownership interest in the TrustIssuer. The Notes when executed, authenticated and delivered in accordance with the Indenture, will be entitled to the benefits of the Indenture and will constitute legal, valid and binding obligations of the TrustIssuer, enforceable in accordance with their terms, except as limited by applicable bankruptcy, insolvency, reorganization, moratorium and similar laws affecting the enforcement of creditors’ ' rights generally or general equitable principles (whether in a proceeding at law or in equity) and except to the extent that rights to indemnity and contribution may be limited by public policy.
Appears in 1 contract
Sources: Insurance and Reimbursement Agreement (TFC Enterprises Inc)