Common use of Waivers Clause in Contracts

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 252 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-2), Sale and Servicing Agreement (Porsche Auto Funding LLC)

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Waivers. No failure or delay on the part of the Purchaser, the Servicer, the SellerSantander Consumer, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or Santander Consumer in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 98 contracts

Samples: Purchase Agreement (Drive Auto Receivables Trust 2019-1), Purchase Agreement (Drive Auto Receivables Trust 2019-1), Purchase Agreement (Drive Auto Receivables Trust 2018-5)

Waivers. No failure or delay on the part of the Sponsor, the Servicer, the SellerAsset Representations Reviewer, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 55 contracts

Samples: Asset Representations Review Agreement (Santander Drive Auto Receivables Trust 2023-1), Asset Representations Review Agreement (Santander Drive Auto Receivables Trust 2023-1), Asset Representations Review Agreement (Santander Drive Auto Receivables Trust 2022-4)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Issuer or the Seller in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 41 contracts

Samples: Sale Agreement (Capital One Prime Auto Receivables Trust 2023-2), Sale Agreement (Capital One Prime Auto Receivables Trust 2023-2), Sale Agreement (Fifth Third Auto Trust 2023-1)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 40 contracts

Samples: Servicing Agreement (Capital One Prime Auto Receivables Trust 2023-2), Servicing Agreement (Capital One Prime Auto Receivables Trust 2023-2), Servicing Agreement (Fifth Third Auto Trust 2023-1)

Waivers. No failure or delay on the part of the Purchaser, the Servicer, the SellerVCI, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or VCI in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 39 contracts

Samples: Purchase Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Purchase Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Purchase Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Waivers. No failure or delay on the part of the Buyer, the Servicer, the Seller, the Issuer Seller or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Buyer or the Seller in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 29 contracts

Samples: Subi Transfer Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Subi Transfer Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Subi Transfer Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Waivers. No failure or delay on the part of the Buyer, the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Buyer or the Seller in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 27 contracts

Samples: Subi Sale Agreement (Vw Credit Leasing LTD), Subi Sale Agreement (Vw Credit Leasing LTD), Subi Sale Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Waivers. No failure or delay on the part of the Servicer, the SellerIssuing Entity, the Issuer Grantor Trust, the Noteholders, the Certificateholders, or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 23 contracts

Samples: Servicing Agreement (Carvana Auto Receivables Trust 2022-P3), Servicing Agreement (Carvana Auto Receivables Trust 2022-P3), Servicing Agreement (Carvana Auto Receivables Trust 2022-P2)

Waivers. No failure or delay on the part of the Purchaser, the Servicer, the SellerBank, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or the Bank in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 23 contracts

Samples: Purchase Agreement (Usaa Acceptance LLC), Purchase Agreement (Usaa Acceptance LLC), Purchase Agreement (Usaa Acceptance LLC)

Waivers. No failure or delay on the part of the Purchaser, the Servicer, the SellerFTH LLC, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or FTH LLC in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 19 contracts

Samples: Purchase Agreement (Fifth Third Auto Trust 2023-1), Purchase Agreement (Fifth Third Auto Trust 2023-1), Purchase Agreement (Fifth Third Holdings Funding, LLC)

Waivers. No failure or delay on the part of FTH LLC, the Servicer, the SellerBank, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto FTH LLC or the Bank in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 15 contracts

Samples: Receivables Sale Agreement (Fifth Third Auto Trust 2023-1), Receivables Sale Agreement (Fifth Third Auto Trust 2023-1), Receivables Sale Agreement (Fifth Third Holdings Funding, LLC)

Waivers. No failure or delay on the part of XXXX the Servicer, the SellerBank, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto XXXX or the Bank in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 15 contracts

Samples: Purchase Agreement (Capital One Prime Auto Receivables Trust 2022-2), Purchase Agreement (Capital One Prime Auto Receivables Trust 2023-2), Purchase Agreement (Capital One Prime Auto Receivables Trust 2023-2)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Note Insurer, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 13 contracts

Samples: Sale and Servicing Agreement (Capital One Auto Receivables LLC), Sale and Servicing Agreement (Capital One Auto Receivables LLC), Sale and Servicing Agreement (Capital One Auto Receivables LLC)

Waivers. No failure or delay on the part of the Servicer, the SellerAsset Representations Reviewer, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 13 contracts

Samples: Asset Representations Review Agreement (Capital One Prime Auto Receivables Trust 2023-2), Asset Representations Review Agreement (Capital One Prime Auto Receivables Trust 2023-2), Asset Representations Review Agreement (Capital One Prime Auto Receivables Trust 2022-2)

Waivers. No failure or delay on the part of the Depositor, the Servicer, the SellerBank, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Depositor or the Bank in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 7 contracts

Samples: Receivables Sale Agreement (Huntington Auto Trust 2016-1), Receivables Sale Agreement (Huntington Auto Trust 2016-1), Form Of (Huntington Funding, LLC)

Waivers. No failure or delay on the part of the Purchaser, the Servicer, the SellerCOAF, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or COAF in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 7 contracts

Samples: Purchase Agreement (Capital One Prime Auto Receivables Trust 2006-2), Purchase Agreement (Capital One Prime Auto Receivables Trust 2007-1), Purchase Agreement (Capital One Prime Auto Receivables Trust 2007-2)

Waivers. No failure or delay on the part of the ServicerIssuer, the Seller, the Issuer Depositor or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Issuer or the Depositor in any either case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 7 contracts

Samples: Sale Agreement, Sale Agreement (Bank of America Auto Receivables Securitization, LLC), Sale Agreement (Bank of America Auto Trust 2012-1)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party Party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party Party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 6 contracts

Samples: Servicing Agreement (Bank of America Auto Receivables Securitization, LLC), Servicing Agreement (Bank of America Auto Trust 2012-1), Servicing Agreement (Bank of America Auto Trust 2012-1)

Waivers. No failure or delay on the part of the Purchaser, the Servicer, the SellerNote Insurer, COAF, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or COAF in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 6 contracts

Samples: Purchase Agreement (Capital One Auto Receivables LLC), Purchase Agreement (Capital One Auto Finance Trust 2007-C), Purchase Agreement (Capital One Auto Receivables LLC)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer Issuer, the Grantor Trust or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 6 contracts

Samples: Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2), Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2), Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-1)

Waivers. No failure or delay on the part of the Sponsor, the Servicer, the SellerAsset Representations Reviewer, the Issuer Issuer, the Grantor Trust or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 6 contracts

Samples: Asset Representations Review Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2), Asset Representations Review Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2), Asset Representations Review Agreement (Bridgecrest Lending Auto Securitization Trust 2024-1)

Waivers. No failure or delay on the part of the Purchaser, the Servicer, the SellerNote Insurer, COAF, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or COAF in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto Party under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 6 contracts

Samples: Purchase Agreement (Capital One Auto Receivables LLC), Purchase Agreement (Capital One Auto Finance Trust 2004-A), Purchase Agreement (Capital One Auto Finance Trust 2005-A)

Waivers. No failure or delay on the part of the Sponsor, the Servicer, the SellerAsset Representations Reviewer, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 6 contracts

Samples: Asset Representations Review Agreement (Drive Auto Receivables Trust 2024-1), Asset Representations Review Agreement (Drive Auto Receivables Trust 2024-1), Asset Representations Review Agreement (Santander Drive Auto Receivables Trust 2024-1)

Waivers. No failure or delay on the part of the ServicerSecond Tier Purchaser, the SellerBASHC, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Second Tier Purchaser or BASHC in any either case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 4 contracts

Samples: Second Purchase Agreement (Bank of America Auto Trust 2012-1), Second Purchase Agreement (Bank of America Auto Trust 2012-1), Second Purchase Agreement (Bank of America Auto Trust 2010-2)

Waivers. No failure or delay on the part of the ServicerThird Tier Purchaser, the SellerBAASC, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Third Tier Purchaser or BAASC in any either case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 4 contracts

Samples: Third Purchase Agreement (Bank of America Auto Trust 2012-1), Third Purchase Agreement (Bank of America Auto Trust 2012-1), Third Purchase Agreement (Bank of America Auto Trust 2010-2)

Waivers. No failure or delay on the part of the ServicerFirst Tier Purchaser, the SellerBANA, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the First Tier Purchaser or BANA in any either case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 4 contracts

Samples: First Purchase Agreement (Bank of America Auto Trust 2012-1), First Purchase Agreement (Bank of America Auto Trust 2012-1), First Purchase Agreement (Bank of America Auto Trust 2010-2)

Waivers. No failure or delay on the part of the Servicer, the Seller[, the Insurer], the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Drive Auto Receivables LLC), Sale and Servicing Agreement (Drive Auto Receivables LLC)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Insurer, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent events or transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-1)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.. SECTION 9.11

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Americas Carmart Inc), Sale and Servicing Agreement (Americas Carmart Inc), Sale and Servicing Agreement (Americas Carmart Inc)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Sale Agreement (Fifth Third Holdings Funding, LLC), Sale Agreement (Banc of America Securities Auto Trust 2006-G1)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer Purchaser, the Issuing Entity, the Grantor Trust, the Noteholders, the Certificateholders or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Collateral Custodian Agreement (Carvana Auto Receivables Trust 2022-P3), Collateral Custodian Agreement (Carvana Auto Receivables Trust 2022-P3)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee Grantor Trust in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.. 9 Receivables Contribution Agreement (BLAST 2024-2)

Appears in 2 contracts

Samples: Receivables Contribution Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2), Receivables Contribution Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2)

Waivers. No failure or delay on the part of the ServicerDepositor, the SellerAdministrator, the Issuer Issuing Entity, the Grantor Trust, the Noteholders, the Certificateholders, or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Receivables Contribution Agreement (Carvana Auto Receivables Trust 2022-P3), Receivables Contribution Agreement (Carvana Auto Receivables Trust 2022-P3)

Waivers. No failure or delay on the part of the Servicer, the SellerIssuing Entity, [the Grantor Trust,] the Noteholders, the Issuer Certificateholders, or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Servicing Agreement (Carvana Receivables Depositor LLC), Servicing Agreement (Carvana Receivables Depositor LLC)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee Grantor Trust in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.. 9 Receivables Contribution Agreement (BLAST 2024-1)

Appears in 2 contracts

Samples: Receivables Contribution Agreement (Bridgecrest Lending Auto Securitization Trust 2024-1), Receivables Contribution Agreement (Bridgecrest Lending Auto Securitization Trust 2024-1)

Waivers. No failure or delay on the part of the ServicerPurchaser, the SellerBANA, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or BANA in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (Banc of America Securities Auto Trust 2006-G1), Purchase Agreement (Banc of America Securities Auto Trust 2005-Wf1)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case 35 Sale and Servicing Agreement (SDART 2020-2) shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2020-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2020-2)

Waivers. No failure or delay on the part of XXXX the Servicer, the SellerBank, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto XXXX or the Bank in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.. -14- Form of Purchase Agreement

Appears in 2 contracts

Samples: Purchase Agreement (Capital One Auto Receivables LLC), Purchase Agreement (Capital One Auto Receivables LLC)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.. 33 2023-1 Sale & Servicing Agreement

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.. 32 Sale and Servicing Agreement (2016-1)

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

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Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee Grantor Trust in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.. 9 Receivables Contribution Agreement (BLAST 2023-1)

Appears in 2 contracts

Samples: Receivables Contribution Agreement (Bridgecrest Lending Auto Securitization Trust 2023-1), Receivables Contribution Agreement (Bridgecrest Lending Auto Securitization Trust 2023-1)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee any party hereto in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Asset Representations Review Agreement (Carvana Auto Receivables Trust 2022-P3), Asset Representations Review Agreement (Carvana Auto Receivables Trust 2022-P3)

Waivers. No failure or delay on the part of FTH LLC, the Servicer, the Seller[Originator], the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto FTH LLC or [Originator] in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Receivables Sale Agreement (Fifth Third Holdings Funding, LLC), Receivables Sale Agreement (Fifth Third Holdings Funding, LLC)

Waivers. No failure or delay on the part of the ServicerPurchaser, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or the Seller in any either case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Purchase Agreement (Bank of America Auto Receivables Securitization, LLC), Purchase Agreement (Bank of America Auto Receivables Securitization, LLC)

Waivers. No failure or delay on the part of the Servicer, the SellerAsset Representations Reviewer, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Asset Representations Review Agreement (Huntington Funding, LLC), Asset Representations Review Agreement (Huntington Funding, LLC)

Waivers. No failure or delay on the part of the Depositor, the Servicer, the SellerBank, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Depositor or the Bank in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.hereunder.‌

Appears in 1 contract

Samples: Purchase Agreement

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.. Sale Agreement (2005-WF1) 10

Appears in 1 contract

Samples: Sale Agreement (Banc of America Securities Auto Trust 2005-Wf1)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such 33 Sale and Servicing Agreement (USAA 20[ ]-[ ]) Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Usaa Acceptance LLC)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has Servicing Agreement any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Servicing Agreement (Fifth Third Holdings Funding, LLC)

Waivers. No failure or delay on the part of the Sponsor, the Servicer, the SellerAsset Representations Reviewer, the Issuer Issuer[, the Grantor Trust] or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Asset Representations Review Agreement (Bridgecrest Auto Funding LLC)

Waivers. No failure or delay on the part of the Purchaser, the Servicer, the SellerSunTrust, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or SunTrust in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Purchase Agreement (SunTrust Auto Receivables, LLC)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.hereunder.‌

Appears in 1 contract

Samples: Form of Servicing Agreement

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Issuer or the Seller in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto either party‌ under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Form of Sale Agreement

Waivers. No failure or delay on the part of the Purchaser, the Servicer, the SellerBANA, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or BANA in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Bas Securitization LLC)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer Issuer[, the Grantor Trust] or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bridgecrest Auto Funding LLC)

Waivers. No failure or delay on the part of the Buyer, the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Buyer or the Seller in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval SUBI Sale Agreement (2009-A) under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Subi Sale Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Waivers. No failure or delay on the part of the Purchaser, the Servicer, the SellerCAF, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Purchaser or CAF in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Purchase Agreement (Citizens Auto Receivables, LLC)

Waivers. No failure or delay on the part of the Master Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party Party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party Party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Master Servicing Agreement (Banc of America Securities Auto Trust 2006-G1)

Waivers. No failure or delay on the part of the Buyer, the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Buyer or the Seller in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.. SUBI Sale Agreement

Appears in 1 contract

Samples: Subi Sale Agreement (Volkswagen Auto Lease Underwritten Funding LLC)

Waivers. No failure or delay on the part of the ServicerIssuer, the Seller, the Issuer Grantor Trust or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Issuer or the Grantor Trust in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.hereunder.‌

Appears in 1 contract

Samples: Contribution Agreement

Waivers. No failure or delay on the part of the Issuer, the Servicer, the SellerDepositor, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto the Issuer or the Depositor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Sale Agreement (Chase Auto Receivables LLC)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.. 37 Sale and Servicing Agreement (20[ ]-[ ])

Appears in 1 contract

Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)

Waivers. No failure or delay on the part of FTH LLC, the Servicer, the Seller[Originator], the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor ([Originator]) (20[ ]-[ ]) shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto FTH LLC or [Originator] in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any either party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Receivables Sale Agreement (Fifth Third Holdings Funding, LLC)

Waivers. No failure or delay on the part of the Servicer, the Seller, the Issuer or the Indenture Trustee Grantor Trust in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Receivables Contribution Agreement (Bridgecrest Auto Funding LLC)

Waivers. No failure or delay on the part of the Servicer, the SellerPFS, the Issuer or the Indenture Trustee Asset Representations Reviewer in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Asset Representations Review Agreement (Porsche Auto Funding LLC)

Waivers. No failure or delay on the part of the Servicer, the SellerDepositor, the Issuer or the Indenture Trustee in exercising any power or right hereunder (to the extent such Person has any power or right hereunder) shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on any party hereto in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any party hereto under this Agreement shall, except as may otherwise be stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval under this Agreement shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Sale and Servicing Agreement (SunTrust Auto Receivables, LLC)

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