Common use of Accounting Upon Termination of Servicer Clause in Contracts

Accounting Upon Termination of Servicer. Upon termination of the Servicer under this Article IX, the Servicer shall, at its own expense: (a) deliver to its successor or, if none shall yet have been appointed, to the Agent, any Collections received and not yet deposited in the Collection Account; (b) deliver to its successor or, if none shall yet have been appointed, to the Agent or the Collateral Custodian, all Loan Files and related documents and statements held by it hereunder and a copy of the Loan Tape; (c) deliver to its successor, the Agent, and the Borrower a full accounting of all funds, including a statement showing the Scheduled Payments with respect to the Transferred Loans collected by it and a statement of monies held in trust by it for payments or charges with respect to the Transferred Loans; and (d) execute and deliver such instruments and perform all acts reasonably requested in order to effect the orderly and efficient transfer of servicing of the Transferred Loans to its successor and to more fully and definitively vest in such successor all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer under this Agreement.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.), Sale and Servicing Agreement (Hercules Capital, Inc.)

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Accounting Upon Termination of Servicer. Upon termination of the Servicer under this Article IX, the Servicer shall, at its own expense: (a) deliver to its successor or, if none shall yet have been appointed, to the Agent, any Collections received and not yet deposited Paying Agent the funds in the Collection Account; (b) deliver to its successor or, if none shall yet have been appointed, to the Agent or the Collateral Custodian, Custodian all Loan Files, Asset Files and related documents and statements held by it hereunder and a copy of the Loan Tapeportfolio computer tape and Collateral Schedule; (c) deliver to its successor, the Administrative Agent, the Lenders, the Borrower and the Borrower Certificateholders a full accounting of all funds, including a statement showing the Scheduled Payments with respect to the Transferred Loans collected by it and a statement of monies held in trust by it for payments or charges with respect to the Transferred LoansCollateral; and (d) execute and deliver such instruments and perform all acts reasonably requested in order to effect the orderly and efficient transfer of servicing of the Transferred Loans Collateral to its successor and to more fully and definitively vest in such successor all rights, powers, duties, responsibilities, obligations and liabilities of the Servicer under this Agreement.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

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