Valid Sale. This Agreement and each Subsequent Purchase Agreement, if any, shall effect a valid sale, transfer and assignment of the Loan Assets from the Originator to the Trust Depositor, enforceable against the Originator in accordance with their terms.
Appears in 7 contracts
Sources: Transfer and Servicing Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD), Transfer Agreement (American Capital Strategies LTD)
Valid Sale. This Agreement and each Subsequent Purchase Transfer Agreement, if any, shall effect a valid sale, transfer and assignment of the Loan Assets from the Originator to the Trust DepositorAssets, enforceable against the Originator in accordance with their termsTrust Depositor and creditors of and purchasers from the Trust Depositor.
Appears in 6 contracts
Sources: Acas Transfer Agreement (American Capital Strategies LTD), Transfer Agreement (American Capital Strategies LTD), Transfer Agreement (American Capital Strategies LTD)
Valid Sale. This Agreement and each Subsequent Purchase Agreement, if any, shall effect a valid sale, transfer and assignment of the Loan Assets from the Originator to the Trust Depositor, enforceable against the Originator in accordance with their terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remedies.
Appears in 4 contracts
Sources: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)
Valid Sale. This Agreement and each Subsequent Purchase Agreement, if any, shall effect a valid sale, transfer and assignment of the Loan Assets from the Originator to the Trust Depositor, enforceable against the Originator in accordance with their terms, except as enforcement of such terms may be limited by bankruptcy, insolvency or similar laws affecting the enforcement of creditors' rights generally and by the availability of equitable remedies.
Appears in 1 contract
Sources: Transfer and Servicing Agreement (American Capital Strategies LTD)