Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with access to the Receivable Files in the cases where the Depositor, the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer, the Certificateholders or the Noteholders shall be required by applicable statutes, regulations or the provisions of any Transaction Document to have access to such documentation. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the Servicer. Nothing in this Section 3.12 shall affect the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 3.12. Each Certificateholder or Noteholder, by its acceptance of a Certificate or a Note, as the case may be, shall be deemed to have agreed to keep any information obtained by it pursuant to this Section 3.12 confidential, except as may be required by applicable law.
Appears in 62 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2024-3), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, the Backup Servicer, the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with access to the Receivable Files in the cases where the Depositor, the Backup Servicer, the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer, the Certificateholders or the Noteholders shall be required by applicable statutes, regulations or the provisions of any Transaction Document to have access to such documentation. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the Servicer. Nothing in this Section 3.12 shall affect the obligation of the Servicer and the Backup Servicer, as applicable, to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 3.12. Each Certificateholder or Noteholder, by its acceptance of a Certificate or a Note, as the case may be, shall be deemed to have agreed to keep any information obtained by it pursuant to this Section 3.12 confidential, except as may be required by applicable law. The Backup Servicer agrees to keep any information obtained by it pursuant to this Section 3.12 or otherwise pursuant to this Agreement confidential, except as may be required by applicable law.
Appears in 16 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (CarMax Auto Owner Trust 2013-4), Sale and Servicing Agreement (CarMax Auto Owner Trust 2013-3)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with access to the Receivable Files in the cases where the Depositor, the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer, the Certificateholders or the Noteholders shall be required by applicable statutes, regulations or the provisions of any Transaction Document to have access to such documentation. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the Servicer. Nothing in this Section 3.12 shall affect the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 3.12. Each Certificateholder or Noteholder, by its acceptance of a Certificate or a Note, as the case may be, shall be deemed to have agreed to keep any information obtained by it pursuant to this Section 3.12 confidential, except as may be required by applicable law.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-4), Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-3), Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-2)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review NoticeCertificateholders, the Asset Representations Reviewer, the Certificateholders Noteholders and the Noteholders Insurer with access to the Receivable Files in the cases where the Depositor, the Owner Trustee, the Indenture Trustee, the Asset Representations ReviewerCertificateholders, the Certificateholders Noteholders or the Noteholders Insurer shall be required by applicable statutes, statutes or regulations or the provisions of any Transaction Document to have access to such documentation. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the Servicer. Nothing in this Section 3.12 shall affect the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 3.12. Each Certificateholder or Noteholder, by its acceptance of a Certificate or a Note, as the case may be, and the Insurer shall be deemed to have agreed to keep any information obtained by it pursuant to this Section 3.12 confidential, except as may be required by applicable law.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Pooled Auto Securities Shelf LLC)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with access to the Receivable Files in the cases where the Depositor, the Owner Trustee, representatives of the Indenture Trustee, the Asset Representations ReviewerBackup Servicer, the Certificateholders Agent and the Noteholders reasonable access to the documentation regarding the Receivables. Each of the Depositor, the Issuer and the Servicer will permit any authorized representative or agent designated by the Indenture Trustee, the Backup Servicer, the Agent or any Noteholder to visit and inspect any of the properties of the Depositor, the Issuer or Servicer, as the case may be, to examine the corporate books and financial records of the Depositor, the Issuer or Servicer, as the case may be, its records relating to the Receivables, and make copies thereof or extracts therefrom and to discuss the affairs, finances, and accounts of the Depositor, the Issuer or the Noteholders shall be required by applicable statutesServicer, regulations or as the provisions of any Transaction Document to have access to case may be, with its principal officers, as applicable, and its independent accountants. In each case, such documentation. Such access shall be afforded without charge, charge but only upon reasonable request and during normal business hours at the offices of the Servicerhours. Nothing in this Section 3.12 6.09 shall affect derogate from the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as provided in this Section 6.09 as a result of such obligation shall not constitute a breach of this Section 3.126.09. Each Certificateholder or Any Noteholder, by its acceptance of a Certificate Note (or a Note, as the case may beby acquisition of its beneficial interest therein), shall be deemed to have agreed to keep confidential and not to use for its own benefit any information obtained by it pursuant to this Section 3.12 confidential6.09, except as may be required by applicable law.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Bay View Capital Corp), Sale and Servicing Agreement (Bay View Capital Corp), Sale and Servicing Agreement (Bay View Capital Corp)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, [the Backup Servicer,] the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with access to the Receivable Files in the cases where the Depositor, [the Backup Servicer,] the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer, the Certificateholders or the Noteholders shall be required by applicable statutes, regulations or the provisions of any Transaction Document to have access to such documentation. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the Servicer. Nothing in this Section 3.12 shall affect the obligation of the Servicer and [the Backup Servicer,] as applicable, to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 3.12. Each Certificateholder or Noteholder, by its acceptance of a Certificate or a Note, as the case may be, shall be deemed to have agreed to keep any information obtained by it pursuant to this Section 3.12 confidential, except as may be required by applicable law. [The Backup Servicer agrees to keep any information obtained by it pursuant to this Section 3.12 or otherwise pursuant to this Agreement confidential, except as may be required by applicable law.]
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, [the Backup Servicer,] the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with access to the Receivable Files in the cases where the Depositor, [the Backup Servicer,] the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer, the Certificateholders or the Noteholders shall be required by applicable statutes, regulations or the provisions of any Transaction Document to have access to such documentation. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the Servicer. Nothing in this Section 3.12 shall affect the obligation of the Servicer and [the Backup Servicer,] as applicable, to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 3.12. Each Certificateholder or Noteholder, by its acceptance of a Certificate or a Note, as the case may be, shall be deemed to have agreed to keep any information obtained by it pursuant to this Section 3.12 confidential, except as may be required by applicable law. [The Backup Servicer agrees to keep any information obtained by it pursuant to this Section 3.12 or otherwise pursuant to this Agreement confidential, except as may be required by applicable law.]
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, [the Backup Servicer], the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with access to the Receivable Files in the cases where the Depositor, [the Backup Servicer], the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer, the Certificateholders or the Noteholders shall be required by applicable statutes, regulations or the provisions of any Transaction Document to have access to such documentation. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the Servicer. Nothing in this Section 3.12 shall affect the obligation of the Servicer and [the Backup Servicer], as applicable, to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 3.12. Each Certificateholder or Noteholder, by its acceptance of a Certificate or a Note, as the case may be, shall be deemed to have agreed to keep any information obtained by it pursuant to this Section 3.12 confidential, except as may be required by applicable law. [The Backup Servicer agrees to keep any information obtained by it pursuant to this Section 3.12 or otherwise pursuant to this Agreement confidential, except as may be required by applicable law.]
Appears in 1 contract
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide (and shall require the Depositor, Sub-Servicers to provide) to representatives of the Owner Trustee, the Indenture Trustee, to the extent the Backup Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with Certificate Insurer reasonable access to the Receivable Files documentation regarding the Receivables. The Servicer will permit any authorized representative or agent designated by the Trustee or the Backup Servicer to visit and inspect any of the properties of the Servicer, to examine the corporate books and financial records of the Servicer, its records relating to the Receivables, and make copies thereof or extracts therefrom and to discuss the affairs, finances, and accounts of the Servicer with its principal officers and its independent accountants. Any expense incident to the exercise by the Trustee and the Backup Servicer of any right under this Section 4.12 shall be borne by the Servicer. The Servicer shall provide such access to any Certificateholder only in the such cases where the Depositor, the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer, the Certificateholders or the Noteholders shall be Servicer is required by applicable statutes, statutes or regulations (whether applicable to the Servicer or the provisions of any Transaction Document to have access such Certificateholder) to permit such Certificateholder to review such documentation. Such In each case, such access shall be afforded without charge, charge but only upon reasonable request and during normal business hours at the offices of the Servicerhours. Nothing in this Section 3.12 4.12 shall affect derogate from the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as provided in this Section 4.12 as a result of such obligation shall not constitute a breach of this Section 3.124.12. Each Certificateholder or NoteholderAny Certificateholder, by its acceptance of a Certificate (or a Note, as the case may beby acquisition of its beneficial interest therein), shall be deemed to have agreed to keep confidential and not to use for its own benefit any information obtained by it pursuant to this Section 3.12 confidential4.12, except as may be required by applicable law.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review NoticeCertificateholders, the Asset Representations Reviewer, the Certificateholders Indenture Trustee and the Noteholders with access to the Receivable Files in the cases where the Depositor, the Owner Trustee, the Indenture TrusteeCertificateholders, the Asset Representations Reviewer, the Certificateholders Indenture Trustee or the Noteholders shall be required by applicable statutes, statutes or regulations or the provisions of any Transaction Document to have access to such documentation. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the Servicer, and, prior to the occurrence of an Event of Servicing Termination or an event which with the passage of time and delivery of notice would constitute an Event of Servicing Termination, only to the extent that such access does not disrupt the normal business operations of the Servicer and does not adversely affect the ability of the Servicer to perform its obligations under this Agreement. Nothing in this Section 3.12 shall affect the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 3.12. Each Any Certificateholder or Noteholder, by its acceptance of a Certificate or a Note, as the case may be, and the Owner Trustee and the Indenture Trustee shall be deemed to have agreed to keep any information obtained by it pursuant to this Section 3.12 confidential, except as may be required by applicable lawlaw and not to use any such information except as permitted by, or to enforce, this Agreement, the Trust Agreement or the Indenture.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Daimler Benz Vehicle Receivables Corp)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, to representatives of the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with access to the Receivable Files in the cases where the Depositor, the Owner Trustee, the Indenture Trustee, the Asset Representations ReviewerBackup Servicer and Xxxxxx reasonable access to the documentation regarding the Receivables. The Servicer shall provide such access to any Certificateholder or Noteholder only after the occurrence of a Certificate Purchase Termination Event or a Note Purchase Termination Event, as the Certificateholders case may be, or in such cases where the Noteholders shall be Servicer is required by applicable statutes, statutes or regulations (whether applicable to the Servicer or the provisions of any Transaction Document to have access such Certificateholder or Noteholder) to permit such Certificateholder or Noteholder to review such documentation. Such In each case, such access shall be afforded without charge, charge but only upon reasonable request and during normal business hours at the offices of the Servicerhours. Nothing in this Section 3.12 shall affect derogate from the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as provided in this Section as a result of such obligation shall not constitute a breach of this Section 3.12Section. Each Any Certificateholder or Noteholder, by its acceptance of a Certificate or a NoteNote (or by acquisition of its beneficial interest therein), as the case may beapplicable, shall be deemed to have agreed to keep confidential and not to use for its own benefit any information obtained by it pursuant to this Section 3.12 confidentialSection, except as may be required by applicable lawlaw or requested or required in court proceedings or by regulatory authority.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Arcadia Financial LTD)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, the Backup Servicer, the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with access to the Receivable Files in the cases where the Depositor, the Backup Servicer, the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer, the Certificateholders or the Noteholders shall be required by applicable statutes, regulations or the provisions of any Transaction Document to have access to such documentation. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the Servicer. Nothing in this Section 3.12 shall affect the obligation of the Servicer and the Backup Servicer, as applicable, to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 3.12. Each Certificateholder or Noteholder, by its acceptance of a Certificate or a Note, as the case may be, shall be deemed to have agreed to keep any information obtained by it pursuant to this Section 3.12 confidential, except as may be required by applicable law. The Backup Servicer agrees to keep any information obtained by it pursuant to this Section 3.12 or otherwise pursuant to this Agreement confidential, except as may be required by applicable law.
Appears in 1 contract
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2014-2)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, to representatives of the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with access to the Receivable Files in the cases where the Depositor, the Owner Trustee, the Indenture Trustee, the Asset Representations ReviewerBackup Servicer and JPMD reasonable access to the documentation regarding the Receivables. The Servicer shall provide such access to any Certificateholder or Noteholder only after the occurrence of a Certificate Purchase Termination Event or a Note Purchase Termination Event, as the Certificateholders case may be, or in such cases where the Noteholders shall be Servicer is required by applicable statutes, statutes or regulations (whether applicable to the Servicer or the provisions of any Transaction Document to have access such Certificateholder or Noteholder) to permit such Certificateholder or Noteholder to review such documentation. Such In each case, such access shall be afforded without charge, charge but only upon reasonable request and during normal business hours at the offices of the Servicerhours. Nothing in this Section 3.12 shall affect derogate from the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as provided in this Section as a result of such obligation shall not constitute a breach of this Section 3.12Section. Each Any Certificateholder or Noteholder, by its acceptance of a Certificate or a NoteNote (or by acquisition of its beneficial interest therein), as the case may beapplicable, shall be deemed to have agreed to keep confidential and not to use for its own benefit any information obtained by it pursuant to this Section 3.12 confidentialSection, except as may be required by applicable lawlaw or requested or required in court proceedings or by regulatory authority.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Olympic Financial LTD)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the DepositorCertificateholders, the Owner TrusteeFinal Payment Certificateholder, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders Trustee and the Noteholders with access to the Receivable Files in the cases where the DepositorCertificateholders, the Owner TrusteeFinal Payment Certificateholder, the Indenture Trustee, the Asset Representations Reviewer, the Certificateholders Trustee or the Noteholders shall be required by applicable statutes, statutes or regulations or the provisions of any Transaction Document to have access to such documentation. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the Servicer. Nothing in this Section 3.12 shall affect the obligation of the Servicer to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 3.12. Each Any Certificateholder, Final Payment Certificateholder or Noteholder, by its acceptance of a Certificate, Final Payment Certificate or a Note, as the case may be, shall be deemed to have agreed to keep any information obtained by it pursuant to this Section 3.12 confidential, except as may be required by applicable law.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Mmca Auto Receivables Inc)
Access to Certain Documentation and Information Regarding Receivables. The Servicer shall provide the Depositor, [the Backup Servicer,] the Owner Trustee, the Indenture Trustee, to the extent the Servicer shall have received an Asset Representations Review Notice, the Asset Representations Reviewer, the Certificateholders and the Noteholders with access to the Receivable Files in the cases where the Depositor, [the Backup Servicer,] the Owner Trustee, the Indenture Trustee, the Asset Representations Reviewer, the Certificateholders or the Noteholders shall be required by applicable statutes, regulations or the provisions of any Transaction Document to have access to such documentation. Such access shall be afforded without charge, but only upon reasonable request and during normal business hours at the offices of the Servicer. Nothing in this Section 3.12 shall affect the obligation of the Servicer and [the Backup Servicer,] as applicable, to observe any applicable law prohibiting disclosure of information regarding the Obligors, and the failure of the Servicer to provide access to information as a result of such obligation shall not constitute a breach of this Section 3.12. Each Certificateholder or Noteholder, by its acceptance of a Certificate or a Note, as the case may be, shall be deemed to have agreed to keep any information obtained by it pursuant to this Section 3.12 confidential, except as may be required by applicable law. [The Backup Servicer agrees to keep any information obtained by it pursuant to this Section 3.12 or otherwise pursuant to this Agreement confidential, except as may be required by applicable law.]
Appears in 1 contract
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC)