Introductory Clause Example with 11 Variations from Business Contracts

Introductory. Nissan Motor Acceptance Corporation, a California corporation ("NMAC" or "Servicer"), and Nissan Auto Receivables Corporation II, a Delaware corporation (the "Depositor" or "Seller"), hereby confirm their agreement with Merrill Lynch, Pierce, Fenner & Smith Incorporated (the "Representative") and the several underwriters named in Schedule 1 hereto (together with the Representative, collectively, the "Underwriters") with respect to the purchase by the Underwriters of $220,000,000 aggregate princi...pal amount of 0.64000% Asset Backed Notes, Class A-1 (the "Class A-1 Notes"), $210,000,000 aggregate principal amount of 1.06% Asset Backed Notes, Class A-2a (the "Class A-2a Notes"), $175,000,000 aggregate principal amount of LIBOR + 0.35% Asset Backed Notes, Class A-2b (the "Class A-2b Notes," and together with the Class A-2a Notes, the "Class A-2 Notes"), $305,000,000 aggregate principal amount of 1.34% Asset Backed Notes, Class A-3 (the "Class A-3 Notes") and $90,000,000 aggregate principal amount of 1.59% Asset Backed Notes, Class A-4 (the "Class A-4 Notes") (collectively, the Class A-1 Notes, the Class A-2 Notes, the Class A-3 Notes, and the Class A-4 Notes are referred to herein as the "Notes"), of Nissan Auto Receivables 2016-A Owner Trust, a Delaware statutory trust (the "Trust" or "Issuer"), which Notes the Depositor proposes to sell to the Underwriters under the terms and conditions herein. Simultaneously with the issuance of the Notes, the Depositor will cause the Trust to issue Asset Backed Certificates (the "Certificates") with an original certificate balance of at least $41,666,666.68. The Notes and the Certificates shall collectively be referred to herein as the "Securities." The Notes will be issued pursuant to an indenture, dated as of February 10, 2016 (the "Indenture"), between the Trust and U.S. Bank National Association ("U.S. Bank"), as indenture trustee (the "Indenture Trustee"). The Certificates will be issued pursuant to an amended and restated trust agreement, dated as of February 10, 2016 (the "Trust Agreement"), between the Depositor, Wilmington Trust, National Association ("Wilmington Trust"), as owner trustee (in (Nissan 2016-A Underwriting Agreement) such capacity, the "Owner Trustee"), and U.S. Bank, as certificate registrar and paying agent. Each Note will represent an obligation of, and each Certificate will represent an undivided interest in, the Trust. The Certificates will be subordinated to the Notes to the extent described in the Indenture and the Trust Agreement. Capitalized terms used herein and not otherwise defined herein shall have the meanings given them in the Sale and Servicing Agreement. With respect to all terms in this Agreement, the singular includes the plural and the plural includes the singular; words importing any gender include the other genders; references to "writing" include printing, typing, lithography and other means of reproducing words in a visible form; references to agreements and other contractual instruments include all subsequent amendments, amendments and restatements and supplements thereto or changes therein entered into in accordance with their respective terms and not prohibited by this Agreement; references to Persons include their permitted successors and assigns; references to laws include their amendments and supplements, the rules and regulations thereunder and any successors thereto; the term "including" means "including without limitation;" and the term "or" is not exclusive. View More