Common use of Binding Obligation Clause in Contracts

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 93 contracts

Sources: Purchase Agreement (Santander Drive Auto Receivables Trust 2022-6), Purchase Agreement (Santander Drive Auto Receivables Trust 2022-6), Purchase Agreement (Santander Drive Auto Receivables Trust 2022-5)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 85 contracts

Sources: Purchase Agreement (Capital One Prime Auto Receivables Trust 2025-1), Purchase Agreement (Capital One Prime Auto Receivables Trust 2025-1), Purchase Agreement (Capital One Auto Receivables LLC)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all respects by the holder thereof in accordance with its terms, except (i) subject, as enforceability may be limited by to enforcement, to applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligorgenerally.

Appears in 56 contracts

Sources: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2014-2), Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2014-2), Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)

Binding Obligation. The Receivable constitutes the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all material respects by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable subject to the effect of bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors' rights generally generally, and (ii) as such the Receivable may be modified by is not subject to any right of rescission, setoff, counterclaim or defense, including the application after the Cut-Off Date defense of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligorusury.

Appears in 38 contracts

Sources: Pooling and Servicing Agreement (Bas Securitization LLC), Sale and Servicing Agreement (Bas Securitization LLC), Sale and Servicing Agreement (M&i Dealer Auto Securitization LLC)

Binding Obligation. The Receivable constitutes the legal, valid legal and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its termsall material respects, except (i) subject as enforceability may be limited by to enforcement, to applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally principles, consumer protection laws and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 36 contracts

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

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, or similar state or local laws, to the extent applicable to the related Obligor.

Appears in 25 contracts

Sources: Purchase Agreement (Santander Drive Auto Receivables Trust 2025-4), Purchase Agreement (Drive Auto Receivables Trust 2025-2), Purchase Agreement (Drive Auto Receivables Trust 2025-2)

Binding Obligation. The Each Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all respects by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 20 contracts

Sources: Sale Agreement (Huntington Auto Trust 2015-1), Sale Agreement (Fifth Third Auto Trust 2015-1), Sale Agreement (Huntington Funding, LLC)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligoror similar state or local laws.

Appears in 18 contracts

Sources: Purchase Agreement (Drive Auto Receivables Trust 2024-1), Purchase Agreement (Drive Auto Receivables Trust 2024-1), Purchase Agreement (Santander Drive Auto Receivables Trust 2024-1)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the applicable Cut-Off Date of the Servicemembers Civil Relief Act, as amended, amended to the extent applicable to the related Obligor.

Appears in 11 contracts

Sources: 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 Finance Trust 2005-A)

Binding Obligation. The Receivable constitutes the legal, valid legal and binding payment obligation in writing of the related Obligor, enforceable in all material respects by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by subject, to applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally principles, consumer protection laws and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 9 contracts

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

Binding Obligation. The Receivable constitutes the legal, valid legal and binding payment obligation in writing of the related Obligor, enforceable in all respects by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws, equitable principles and consumer protection laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 8 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 Holdings Funding, LLC)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all respects by the holder thereof in accordance with its terms, except (i) subject, as enforceability may be limited by to enforcement, to applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors' rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligorgenerally.

Appears in 8 contracts

Sources: Sale and Servicing Agreement (Vw Credit Leasing LTD), Sale and Servicing Agreement (Volkswagen Public Auto Loan Securitization LLC), Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2003-1)

Binding Obligation. The Receivable constitutes the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all material respects by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable subject to the effect of bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally generally, and (ii) as such the Receivable may be modified by is not subject to any right of rescission, setoff, counterclaim or defense, including the application after the Cut-Off Date defense of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligorusury.

Appears in 7 contracts

Sources: Pooling and Servicing Agreement (Usaa Acceptance LLC), Pooling and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Pooling and Servicing Agreement (Citizens Auto Receivables, LLC)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the applicable Cut-Off Date of the Servicemembers Servicemembers’ Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 7 contracts

Sources: Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2005-1), Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2007-2), Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2004-2)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the applicable Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 5 contracts

Sources: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2013-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2013-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2013-1)

Binding Obligation. The Each Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all respects by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief ActAct of 2003, as amended, to the extent applicable to the related Obligor.

Appears in 3 contracts

Sources: Sale Agreement (Fifth Third Auto Trust 2013-A), Purchase Agreement (Fifth Third Auto Trust 2013-A), Receivables Sale Agreement (Fifth Third Auto Trust 2013-A)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by (i) applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and or (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligoror similar state or local laws.

Appears in 2 contracts

Sources: Purchase Agreement, Purchase Agreement

Binding Obligation. The Receivable constitutes the legal, valid legal and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its termsthereof, except (i) subject as enforceability may be limited by to enforcement, to applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally principles, consumer protection laws and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 2 contracts

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

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all material respects by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable subject to the effect of bankruptcy, insolvency, reorganization, liquidation reorganization or other similar laws and equitable principles relating to or affecting the enforcement of creditors' rights generally generally; and (ii) as such the Receivable may be modified by is not subject to any right of rescission, setoff, counterclaim or defense, including the application after the Cut-Off Date defense of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligorusury.

Appears in 2 contracts

Sources: Receivables Purchase Agreement (Compass Auto Receivables Trust 1998-A), First Tier Receivables Purchase Agreement (Asset Backed Securities Corp)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related ObligorObligor or Payor, respectively, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Cutoff Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related ObligorObligor or Payor, respectively.

Appears in 1 contract

Sources: Investment Agreement (Santander Holdings USA, Inc.)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the applicable Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Capital One Auto Finance Trust 2004-A)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the applicable Cut-Off Date of the Servicemembers Soldiers’ and Sailors’ Civil Relief ActAct of 1940, as amended, to the extent applicable to the related Obligor.

Appears in 1 contract

Sources: Sale and Servicing Agreement (Capital One Prime Auto Receivables Trust 2004-1)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors' rights generally and (ii) as such Receivable may be modified by the application after the applicable Cut-Off Date of the Servicemembers Soldiers' and Sailors' Civil Relief ActAct of 1940, as amended, to the extent applicable to the related Obligor.

Appears in 1 contract

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

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all respects by the holder thereof in accordance with its terms, except (i) subject, as enforceability may be limited by to enforcement, to applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors' rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, generally. Schedule I to the extent applicable to the related Obligor.Sale and Servicing Agreement

Appears in 1 contract

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

Binding Obligation. The Receivable constitutes the legal, valid legal and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its termsthereof, except (i) as enforceability may be limited by subject to applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally principles, consumer protection laws and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 1 contract

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

Binding Obligation. The Receivable constitutes the legal, valid legal and binding payment obligation in writing of the related Obligor, enforceable in all material respects by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and laws, equitable principles and consumer protection laws relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 1 contract

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

Binding Obligation. The Receivable constitutes the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all material respects by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable subject to the effect of bankruptcy, insolvency, reorganization, liquidation liquidation, or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally generally, and (ii) as such the Receivable may be modified by is not subject to any right of rescission, setoff, claim, counterclaim or defense, including the application after the Cut-Off Date defense of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligorusury.

Appears in 1 contract

Sources: Purchase Agreement (Bank One Auto Securitization Trust 2003-1)

Binding Obligation. The Receivable constitutes represents the legal, valid legal and binding payment obligation in writing of the related Obligor, enforceable in all material respects by the holder thereof in accordance with its termsof the Receivable, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation reorganization or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally or by general equitable principles, consumer protection laws and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 1 contract

Sources: Purchase Agreement (Porsche Auto Funding LLC)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Cutoff Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 1 contract

Sources: Loan and Security Agreement (DT Acceptance Corp)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the applicable Cut-Off Date of the Servicemembers Soldiers’ and Sailors’ Civil Relief ActAct of 1940, as amended, to the extent applicable to the related Obligor.

Appears in 1 contract

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

Binding Obligation. The Receivable constitutes the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable in all material respects by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable subject to the effect of bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors' rights generally generally, and (ii) as such the Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Civil Relief Act, as amended, to the extent applicable to the related Obligor.is not subject

Appears in 1 contract

Sources: Sale and Servicing Agreement (Key Consumer Acceptance Corp)

Binding Obligation. The Receivable constitutes the legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except (i) as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, liquidation or other similar laws and equitable principles relating to or affecting the enforcement of creditors’ rights generally and (ii) as such Receivable may be modified by the application after the Cut-Off Date of the Servicemembers Servicemembers’ Civil Relief Act, as amended, to the extent applicable to the related Obligor.

Appears in 1 contract

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