Common use of Acknowledgment and Agreement Clause in Contracts

Acknowledgment and Agreement. By execution below, the Seller expressly acknowledges and consents to the sale of the Transaction SUBI Certificate and the Transaction SUBI and the assignment of all rights and obligations of the Seller related thereto by the Buyer to the Issuer pursuant to the SUBI Transfer Agreement and the mortgage, pledge, assignment and grant of a security interest in the Transaction SUBI Certificate and the Transaction SUBI by the Issuer to the Indenture Trustee pursuant to the Indenture for the benefit of the Noteholders. In addition, the Seller hereby acknowledges and agrees that for so long as the Notes are outstanding, the Indenture Trustee will have the right to exercise all powers, privileges and claims of the Buyer under this Agreement in the event that the Buyer shall fail to exercise the same.

Appears in 24 contracts

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

Acknowledgment and Agreement. By execution below, the Seller Bank expressly acknowledges and consents to the sale conveyance of the Transaction SUBI Certificate and the Transaction SUBI Bank Transferred Assets and the assignment of all rights and obligations of the Seller Bank related thereto by FTH LLC to the Buyer Seller pursuant to the Purchase Agreement and by the Seller to the Issuer pursuant to the SUBI Transfer Sale Agreement and the mortgage, pledge, assignment and grant Grant of a security interest in the Transaction SUBI Certificate Receivables and the Transaction SUBI other Bank Transferred Assets by the Issuer to the Indenture Trustee pursuant to the Indenture for the benefit of the Noteholders. In addition, the Seller Bank hereby acknowledges and agrees that for so long as the Notes are outstanding, the Indenture Trustee will have the right to exercise all powers, privileges and claims of the Buyer FTH LLC under this Agreement in the event that the Buyer FTH LLC shall fail to exercise the same.

Appears in 6 contracts

Sources: Receivables Sale Agreement (Fifth Third Auto Trust 2023-1), Receivables Sale Agreement (Fifth Third Auto Trust 2023-1), Receivables Sale Agreement (Fifth Third Auto Trust 2019-1)

Acknowledgment and Agreement. By execution below, the Seller expressly acknowledges and consents to the sale of the Transaction SUBI Certificate and the Transaction SUBI and the assignment of all rights and obligations of the Seller related thereto by the Buyer to the Issuer pursuant to the SUBI Transfer Agreement and the mortgage, pledge, assignment and grant of a security interest in the Transaction SUBI Certificate and the Transaction SUBI by the Issuer to the Indenture Trustee pursuant to the Indenture for the benefit of the Noteholders. In addition, the Seller hereby acknowledges and agrees that for so long as the Notes are outstanding, the Indenture Trustee will have the right to exercise all powers, privileges and claims of the Buyer under this Agreement in the event that the Buyer shall fail to exercise the sameAgreement.

Appears in 4 contracts

Sources: Subi Sale Agreement (Volkswagen Auto Lease Trust 2010-A), Subi Sale Agreement (Volkswagen Auto Lease Trust 2010-A), Subi Sale Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Acknowledgment and Agreement. By execution below, the Seller expressly acknowledges and consents to the sale to the conveyance of the Transaction SUBI Certificate and the Transaction SUBI Transferred Assets and the assignment of all rights and obligations of the Seller related thereto by the Buyer Issuer to the Issuer Grantor Trust pursuant to the SUBI Transfer Contribution Agreement and the mortgage, pledge, assignment and grant Grant of a security interest in the Transaction SUBI Certificate Receivables and the Transaction SUBI other Transferred Assets by the Issuer and the Grantor Trust to the Indenture Trustee pursuant to the Indenture for the benefit of the Noteholders. In addition, the Seller hereby acknowledges and agrees that for so long as the Notes are outstanding, the Indenture Trustee will have have, pursuant to the Transaction Documents, the right to exercise all powers, privileges and claims of the Buyer Issuer under this Agreement in the event that the Buyer Issuer shall fail to exercise the same.same.‌

Appears in 2 contracts

Sources: Sale Agreement, Sale Agreement

Acknowledgment and Agreement. By execution below, the Seller ▇▇▇▇▇▇▇▇▇ Consumer expressly acknowledges and consents to the sale of the Transaction SUBI Certificate and the Transaction SUBI Purchased Assets and the assignment of all rights and obligations of the Seller related thereto Purchaser under this Agreement by the Buyer Purchaser to the Issuer pursuant to the SUBI Transfer Sale Agreement and the mortgage, pledge, assignment and grant Grant of a security interest in the Transaction SUBI Certificate Receivables, the other Purchased Assets and the Transaction SUBI Issuer’s rights under this Agreement by the Issuer to the Indenture Trustee pursuant to the Indenture for the benefit of the Noteholders. In addition, the Seller Santander Consumer hereby acknowledges and agrees that for so long as the Notes are outstanding, the Indenture Trustee will have the right to exercise all powers, privileges and claims of the Buyer Purchaser under this Agreement in the event that the Buyer Purchaser shall fail to exercise the same.. 16 Purchase Agreement (SDART 2025-3)

Appears in 2 contracts

Sources: Purchase Agreement (Santander Drive Auto Receivables Trust 2025-3), Purchase Agreement (Santander Drive Auto Receivables Trust 2025-3)