Common use of Enforceability of Contracts Clause in Contracts

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed by such Originator hereunder is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and such Originator has fully performed its obligations under such Contract except as may be limited by applicable bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law.

Appears in 10 contracts

Sources: First Tier Sale and Contribution Agreement (E.W. SCRIPPS Co), Sale and Contribution Agreement (Xperi Inc.), Sale and Contribution Agreement (Kinetik Holdings Inc.)

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed by such Originator hereunder arises under a Contract that is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the such Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and except (i) as such Originator has fully performed its obligations under such Contract except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and (ii) as such enforceability may be limited by general principles of equity equity, regardless of whether such enforceability is considered in a proceeding in equity or at law.

Appears in 3 contracts

Sources: Purchase and Sale Agreement (NCR Atleos Corp), Purchase and Sale Agreement (NCR Corp), Purchase and Sale Agreement (NCR Corp)

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed contributed, as applicable, by such Originator Transferor hereunder is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and such Originator has fully performed its obligations under such Contract counterclaim, except as such enforceability may be limited by applicable bankruptcy, insolvency, reorganization, reorganization or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity equity, regardless of whether enforceability is considered in a proceeding in equity or at law, and such Transferor has fully performed its obligations, if any, under such Contract.

Appears in 2 contracts

Sources: Purchase and Sale Agreement (Cincinnati Bell Inc), Purchase and Sale Agreement (Cincinnati Bell Inc)

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed by such the Originator hereunder is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and such the Originator has fully performed its obligations under such Contract except as may be limited by applicable bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law.

Appears in 2 contracts

Sources: Sale and Contribution Agreement (Fortrea Holdings Inc.), Sale and Contribution Agreement (Sabre Corp)

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed by the Originator hereunder, as of the date of such Originator hereunder sale or contribution, is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and such the Originator has fully performed its obligations under 127299818\V-5 such Contract in all material respects except as may be limited by applicable bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law.

Appears in 1 contract

Sources: Sale and Contribution Agreement (Vestis Corp)

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed by such Originator hereunder is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and such Originator has fully performed its obligations under such Contract Contract, except as to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, insolvency or other similar laws affecting the enforcement of creditors’ rights generally and or by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at lawequitable principles.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Core Natural Resources, Inc.)

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed by such Originator Seller hereunder is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and such Originator Seller has fully performed its obligations under such Contract except as may be limited by applicable bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law.

Appears in 1 contract

Sources: Second Tier Sale and Contribution Agreement (E.W. SCRIPPS Co)

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed by such Originator hereunder is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and such Originator has fully performed its obligations under such Contract Contract, except as to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, insolvency or other similar laws affecting the enforcement of creditors’ rights generally and or by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at lawequitable principles.

Appears in 1 contract

Sources: Purchase and Sale Agreement (CONSOL Energy Inc.)

Enforceability of Contracts. Each To such Originator’s knowledge, each Contract related to any Receivable sold or contributed by such Originator hereunder is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the applicable Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and such the applicable Originator has fully performed its obligations under such Contract except as may be limited by applicable bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Ati Inc)

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed by such the Originator hereunder is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the Obligor in accordance with its terms, without being subject to any defensedefence, deduction, offset or counterclaim and such the Originator has fully performed its obligations under such Contract except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law.

Appears in 1 contract

Sources: Sale Agreement (Sabre Corp)

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed by such Originator the Transferor hereunder is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and such Originator the Transferor has fully performed its obligations under such Contract Contract, except as to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, insolvency or other similar laws affecting the enforcement of creditors’ rights generally and or by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at lawequitable principles.

Appears in 1 contract

Sources: Sale and Contribution Agreement (Core Natural Resources, Inc.)

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed by such Originator hereunder pursuant to the Purchase and Sale Agreement is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and such Originator has fully performed its obligations under such Contract except as may be limited by applicable bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law.

Appears in 1 contract

Sources: Performance Guarantee Agreement (Ashland Inc.)

Enforceability of Contracts. Each Contract related to any Receivable sold or contributed by such Originator hereunder is effective to create, and has created, a legal, valid and binding obligation of the related Obligor to pay the outstanding balance of such Receivable, enforceable against the Obligor in accordance with its terms, without being subject to any defense, deduction, offset or counterclaim and such Originator has fully performed its obligations under such Contract except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law.

Appears in 1 contract

Sources: Purchase and Contribution Agreement (Harsco Corp)