Acceptance of Appointment and Other Matters Relating to the Servicer. (a) The Servicer shall service and administer the Receivables, shall collect payments due under the Receivables and shall charge-off as uncollectible Receivables, all in accordance with its customary and usual servicing procedures for servicing wholesale receivables comparable to the Receivables which the Servicer services for its own account and in accordance with the Floorplan Financing Guidelines. The Servicer shall have full power and authority, acting alone or through any party properly designated by it hereunder, to do any and all things in connection with such servicing and administration which it may deem necessary or desirable. Without limiting the generality of the foregoing and subject to Section 10.01, the Servicer is hereby authorized and empowered, unless such power and authority is revoked by the Trustee on account of the occurrence of a Service Default pursuant to Section 10.01, (i) to instruct the Trustee to make withdrawals and payments from the Collection Account and any Series Account as set forth in this Agreement, (ii) to instruct the Trustee to take any action required or permitted under any Enhancement, (iii) to execute and deliver, on behalf of the Trust for the benefit of the Certificateholders and the other Beneficiaries, any and all instruments of satisfaction or cancellation, or of partial or full release or discharge, and all other comparable instruments, with respect to the Receivables and, after the delinquency of any Receivable and to the extent permitted under and in compliance with applicable Requirements of Law, to commence enforcement proceedings with respect to such Receivables, (iv) to make any filings, reports, notices, applications, registrations with, and seek any consents or authorizations from, the Securities and Exchange Commission and any State securities authority on behalf of the Trust as may be necessary or advisable to comply with any Federal or State securities laws or reporting requirement, and (v) to delegate certain of its servicing, collection, enforcement and administrative duties hereunder with respect to the Accounts and the Receivables to any Person who agrees to conduct such duties in accordance with the Floorplan Financing Guidelines and this Agreement; provided, however, that the Servicer shall notify the Trustee, the Rating Agencies, any Agent and any Enhancement Providers in writing of any such delegation of its duties which is not in the ordinary course of its business, that no delegation wil...
Acceptance of Appointment and Other Matters Relating to the Servicer. 41 SECTION 3.02
Acceptance of Appointment and Other Matters Relating to the Servicer. 33 SECTION 3.02. Servicing Compensation........................................34 SECTION 3.03. Representations, Warranties and Covenants of the Servicer.....35 SECTION 3.04. Reports and Records for the Trustee; Bank Account Statements..37 SECTION 3.05. Annual Servicer's Certificate.................................37 SECTION 3.06. Annual Independent Public Accountants' Servicing Report.......38 SECTION 3.07.
Acceptance of Appointment and Other Matters Relating to the Servicer. (a) The Seller agrees to act as the Servicer under this Agreement and the Pooling and Servicing Agreement, and the Buyer consents to the Seller acting as Servicer. The Seller will have ultimate responsibility for servicing, managing and making collections on the Receivables and will have the authority to make any management decisions relating to such Receivables, to the extent such authority is granted to the Servicer under this Agreement and the Pooling and Servicing Agreement.
(b) The servicer shall service and administer the Receivables in accordance with the provisions of the Pooling and Servicing Agreement.
Acceptance of Appointment and Other Matters Relating to the Servicer. 34 Section 3.02. Servicing Compensation........................................................................ 35 Section 3.03. Representations, Warranties and Covenants of the Servicer..................................... 36
Acceptance of Appointment and Other Matters Relating to the Servicer. (a) DFS agrees to act as the Servicer under this Agreement and the Pooling and Servicing Agreement, and the Buyer consents to DFS acting as Servicer. DFS will have ultimate responsibility for servicing, managing and making collections on the Receivables and will have the authority to make any management decisions relating to such Receivables, to the extent such authority is granted to the Servicer under this Agreement and the Pooling and Servicing Agreement.
(b) DFS shall service and administer the Receivables in accordance with the revisions of the Pooling and Servicing Agreement.
Acceptance of Appointment and Other Matters Relating to the Servicer. Holdings agrees to act as the Servicer under this Agreement and the Securityholders by their acceptance of Securities consent to Holdings acting as Servicer. Notwithstanding the foregoing or any other provisions of this Agreement or any Supplement, the Investor Securityholders consent to any Account Owner acting as Servicer hereunder, in full substitution for Holdings; provided that such Account Owner acting as Servicer shall (i) be an Eligible Servicer and (ii) expressly assume in writing (unless such assumption occurs by operation of law), by an agreement supplemental hereto, executed and delivered to the Trustee, the performance of every covenant and obligation of the Servicer, as applicable hereunder, and shall in all respects be designated the Servicer under this Agreement.
Acceptance of Appointment and Other Matters Relating to the Servicer. 39 Section 3.02. Servicing Compensation.................................40 Section 3.03. Representations, Warranties and Covenants of the Servicer.....................................40 Section 3.04. Reports and Records for the Trustee....................43 Section 3.05. Annual Certificate of Servicer.........................44 Section 3.06. Annual Servicing Report of Independent Public Accountants; Copies of Reports Available............44 Section 3.07. Tax Treatment..........................................45 Section 3.08. Notices to the [Servicer Name].........................45 Section 3.09. Adjustments............................................45 Section 3.10. Reports to the Commission..............................46
Acceptance of Appointment and Other Matters Relating to the Servicer. (a) Green Tree agrees to act as the Servicer under this Agreement and the Pooling and Servicing Agreement, and the Buyer consents to Green Tree acting as Servicer. Green Tree, as Servicer, may delegate some or all of its servicing duties to a wholly owned subsidiary of Green Tree, for so long as such subsidiary remains, directly or indirectly, a wholly owned subsidiary of Green Tree. Green Tree will have ultimate responsibility for servicing, managing and making collections on the Receivables and will have the authority to make any management decisions relating to such Receivables, to the extent such authority is granted to the Servicer under this Agreement and the Pooling and Servicing Agreement.
(b) Green Tree shall service and administer the Receivables in accordance with the provisions of the Pooling and Servicing Agreement.
Acceptance of Appointment and Other Matters Relating to the Servicer. (a) VCI agrees to act as the Servicer under this Agreement and the Trust Sale and Servicing Agreement, and VDF consents to VCI acting as the Servicer. VCI will have ultimate responsibility for servicing, managing and making collections on the Receivables and will have the authority to make any management decisions relating to such Receivables, to the extent such authority is granted to the Servicer under the Basic Documents.
(b) The Servicer shall service and administer the Receivables in accordance with the provisions of the Basic Documents.
