ACF » Topics » Section 7.23. Integration; Binding Effect; Survival of Terms.

This excerpt taken from the ACF 10-K filed Aug 29, 2007.

Section 16.10 Integration; Binding Effect; Survival of Terms.

(a) This Agreement and each other Transaction Document contain the final and complete integration of all prior expressions by the parties hereto with respect to the subject matter hereof and shall constitute the entire agreement among the parties hereto with respect to the subject matter hereof superseding all prior oral or written understandings.

(b) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns (including any trustee in bankruptcy). This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms and shall remain in full force and effect until terminated in accordance with its terms; provided, however, that the rights and remedies with respect to (i) any breach of any representation and warranty made by any Loan Party pursuant to Article V, (ii) the indemnification and payment provisions of Article XI, and (iii) Section 16.4 and Section 16.5 shall be continuing and shall survive any termination of this Agreement.

(c) Each of the Loan Parties, VFCC and the Deal Agent hereby acknowledges and agrees that the Liquidity Providers are hereby made express third party beneficiaries of this Agreement and each of the other Transaction Documents.

This excerpt taken from the ACF 8-K filed Sep 13, 2006.

Section 7.23. Integration; Binding Effect; Survival of Terms.

(a) This Agreement and each other Transaction Document contain the final and complete integration of all prior expressions by the parties hereto with respect to the subject matter hereof and shall constitute the entire agreement among the parties hereto with respect to the subject matter hereof superseding all prior oral or written understandings.

 

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(b) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns (including any trustee in bankruptcy). This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms and shall remain in full force and effect until terminated in accordance with its terms; provided, however, that the rights and remedies with respect to (i) any breach of any representation and warranty made by the Contributor or Depositor pursuant to Article III and (ii) the indemnification and payment provisions of Article VI, and Section 3.03, shall be continuing and shall survive any termination of this Agreement.

Section 7.24. Amendment and Restatement. This Agreement amends and restates in its entirety the Prior Agreement and shall not constitute a novation thereof. All references to the “Contribution Agreement” in the Transaction Documents shall mean and be a reference to this Agreement.

 

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IN WITNESS WHEREOF, the parties hereby have caused this Agreement to be executed by their respective officers thereunto duly authorized as of the date and year first above written.

 

AMERICREDIT FINANCIAL SERVICES, INC., as

    Contributor

By  

 

Name:  
Title:  
This excerpt taken from the ACF 8-K filed Jul 22, 2005.

Section 16.10 Integration; Binding Effect; Survival of Terms.

 

(a) This Agreement and each other Transaction Document contain the final and complete integration of all prior expressions by the parties hereto with respect to the subject matter hereof and shall constitute the entire agreement among the parties hereto with respect to the subject matter hereof superseding all prior oral or written understandings.

 

(b) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns (including any trustee in bankruptcy). This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms and shall remain in full force and effect until terminated in accordance with its terms; provided, however, that the rights and remedies with respect to (i) any breach of any representation and warranty made by any Loan Party pursuant to Article V, (ii) the indemnification and payment provisions of Article XI, and (iii) Section 16.4 and Section 16.5 shall be continuing and shall survive any termination of this Agreement.

 

(c) Each of the Loan Parties, VFCC and the Deal Agent hereby acknowledges and agrees that the Liquidity Providers are hereby made express third party beneficiaries of this Agreement and each of the other Transaction Documents.

 

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