Common use of Authorization; Binding Obligations Clause in Contracts

Authorization; Binding Obligations. The Servicer has the power and authority to make, execute, deliver and perform this Agreement and the other Transaction Documents to which the Servicer is a party and all of the transactions contemplated under this Agreement and the other Transaction Documents to which the Servicer is a party, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and the other Transaction Documents to which the Servicer is a party. This Agreement and the other Transaction Documents to which the Servicer is a party constitute the legal, valid and binding obligation of the Servicer enforceable 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 74 contracts

Sources: Sale and Servicing Agreement (Harley Davidson Motorcycle Trust 2025-A), Sale and Servicing Agreement (Harley Davidson Motorcycle Trust 2025-A), Sale and Servicing Agreement (Harley-Davidson Customer Funding Corp.)

Authorization; Binding Obligations. The Servicer has the power and authority to make, execute, deliver and perform this Agreement and the other Transaction Documents to which the Servicer is a party and all of the transactions contemplated under this Agreement and the other Transaction Documents to which the Servicer is a party, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and the other Transaction Documents to which the Servicer is a party. This Agreement and the other Transaction Documents to which the Servicer is a party constitute the legal, valid and binding obligation of the Servicer enforceable 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 29 contracts

Sources: Sale and Servicing Agreement (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement (Harley Davidson Customer Funding Corp), Sale and Servicing Agreement (Eaglemark Inc)

Authorization; Binding Obligations. The Servicer has the power and authority to make, execute, deliver and perform this Agreement and the other Transaction Documents to which the Servicer is a party and all of the transactions contemplated under this Agreement and the other Transaction Documents to which the Servicer is a party, and has taken all necessary corporate action to authorize the due execution, delivery and performance of this Agreement and the other Transaction Documents to which the Servicer is a party. This Agreement and the other Transaction Documents to which the Servicer is a party have been duly executed and delivered by the Servicer and constitute the legal, valid and binding obligation of the Servicer enforceable 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 21 contracts

Sources: Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (NCT Funding Co LLC), Pooling and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)

Authorization; Binding Obligations. The Servicer has the power and authority to make, execute, deliver and perform this Agreement and the other Transaction Documents to which the Servicer is a party and all of the transactions contemplated under this Agreement and the other Transaction Documents to which the Servicer is a party, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and the other Transaction Documents to which the Servicer is a party. This Agreement and the other Transaction Documents to which the Servicer is a party constitute the legal, valid and binding obligation of the Servicer enforceable in accordance with their terms, except as enforcement of such terms may be limited by bankruptcyInsolvency Laws and general principles of equity, insolvency whether considered in a suit at law or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remediesin equity.

Appears in 11 contracts

Sources: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Authorization; Binding Obligations. The Servicer has the power and authority to make, execute, deliver and perform this Agreement and the other Transaction Documents to which the Servicer is a party and all of the transactions contemplated under this Agreement and the other Transaction Documents to which the Servicer is a party, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and the other Transaction Documents to which the Servicer is a party. This Agreement and the other Transaction Documents to which the Servicer is a party constitute the legal, valid and binding obligation obligations of the Servicer enforceable in accordance with their respective terms, except as enforcement of such terms may be limited by bankruptcyapplicable Insolvency Laws and general principles of equity, insolvency whether considered in a suit at law or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remediesin equity.

Appears in 7 contracts

Sources: Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Horizon Technology Finance Corp), Sale and Servicing Agreement (Hercules Capital, Inc.)

Authorization; Binding Obligations. The Servicer has the power and authority to make, execute, deliver and perform this Agreement and the other Transaction Documents to which the Servicer is a party and all of the transactions contemplated under this Agreement and the other Transaction Documents to which the Servicer is a party, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and the other Transaction Documents to which the Servicer is a party. This Agreement and the other Transaction Documents to which the Servicer is a party constitute the legal, valid and binding obligation obligations of the Servicer enforceable in accordance with their respective terms, except as enforcement of such terms may be limited by bankruptcyInsolvency Laws and general principles of equity, insolvency whether considered in a suit at law or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remediesin equity.

Appears in 6 contracts

Sources: Sale and Servicing Agreement (Horizon Technology Finance Corp), Sale and Servicing Agreement (NewStar Financial, Inc.), Sale and Servicing Agreement (NewStar Financial, Inc.)

Authorization; Binding Obligations. The Servicer has the power and authority to make, execute, deliver and perform this Agreement and the other Transaction Documents to which the Servicer is a party and all of the transactions contemplated under this Agreement and the other Transaction Documents to which the Servicer is a party, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and the other Transaction Documents to which the Servicer is a party. This Agreement and the other Transaction Documents to which the Servicer is a party constitute the legal, valid and binding obligation of the Servicer enforceable in accordance with their terms, except as enforcement of such terms enforceability may be limited by applicable bankruptcy, insolvency insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors' rights generally and by the availability general principles of equitable remediesequity (regardless of whether such enforceability is considered in a proceeding in equity or law).

Appears in 3 contracts

Sources: Sale and Servicing Agreement (Bluegreen Corp), Sale and Servicing Agreement (Bluegreen Corp), Sale and Servicing Agreement (Bluegreen Corp)

Authorization; Binding Obligations. The Servicer has the power and authority to make, execute, deliver and perform this Agreement and the other Transaction Documents to which the Servicer is a party and all of the transactions contemplated under this Agreement and the other Transaction Documents to which the Servicer is a party, and has taken all necessary corporate action to authorize the due execution, delivery and performance of this Agreement and the other Transaction Documents to which the Servicer is a party. This Agreement and the other Transaction Documents to which the Servicer is a party constitute the legal, valid and binding obligation of the Servicer enforceable 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: Pooling and Servicing Agreement (Newcourt Receivables Corp Ii)

Authorization; Binding Obligations. The Servicer has the power and authority to make, execute, deliver and perform this Agreement and the other Transaction Documents to which the Servicer is a party and all of the transactions contemplated under this Agreement and the other Transaction Documents to which the Servicer is a party, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and the other Transaction Documents to which the Servicer is a party. This Agreement and the other Transaction Documents to which the Servicer is a party constitute the legal, valid and binding obligation of the Servicer enforceable in accordance with their terms, except as enforcement of such terms may be maybe 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: Sale and Servicing Agreement (Fidelity Leasing Inc)

Authorization; Binding Obligations. The Servicer has the power and authority to make, execute, deliver and perform this Agreement and the other Transaction Documents to which the Servicer is a party and all of the transactions contemplated under this Agreement and the other Transaction Documents to which the Servicer is a party, and has taken all necessary corporate limited liability company action to authorize the execution, delivery and performance of this Agreement and the other Transaction Documents to which the Servicer is a party. This Agreement and the other Transaction Documents to which the Servicer is a party constitute the legal, valid and binding obligation obligations of the Servicer enforceable in accordance with their respective terms, except as enforcement of such terms may be limited by bankruptcyInsolvency Laws and general principles of equity, insolvency whether considered in a suit at law or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remediesin equity.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Horizon Technology Finance Corp)

Authorization; Binding Obligations. The Servicer has the power and ---------------------------------- authority to make, execute, deliver and perform this Agreement and the other Transaction Documents to which the Servicer is a party and all of the transactions contemplated under this Agreement and the other Transaction Documents to which the Servicer is a party, and has taken all necessary corporate action to authorize the execution, delivery and performance of this Agreement and the other Transaction Documents to which the Servicer is a party. This Agreement and the other Transaction Documents to which the Servicer is a party constitute the legal, valid and binding obligation of the Servicer enforceable in accordance with their terms, except as enforcement of such terms may be limited by bankruptcyInsolvency Laws and general principles of equity, insolvency whether considered in a suit at law or similar laws affecting the enforcement of creditors’ rights generally and by the availability of equitable remediesin equity.

Appears in 1 contract

Sources: Sale and Servicing Agreement (MCG Capital Corp)