Acknowledgement of Roles. The parties expressly acknowledge and consent to Xxxxx Fargo Bank, National Association acting in the multiple capacities of Backup Servicer and Trustee. The parties agree that Xxxxx Fargo Bank, National Association in such multiple capacities shall not be subject to any claim, defense or liability arising from its performance in any such capacity based on conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Xxxxx Fargo Bank, National Association of any other such capacity or capacities in accordance with this Agreement or any other Basic Documents to which it is a party.
Acknowledgement of Roles. The parties acknowledge Customer is the controller and Prosperoware is the processor with respect to Personal Data.
Acknowledgement of Roles. 2.1 The partieshereby acknowledge the following:
Acknowledgement of Roles. 51 SECTION 11.18. TERMINATION....................................................................................51 SECTION 11.19.
Acknowledgement of Roles. 87 SCHEDULES --------- Schedule A - Schedule of Receivables Schedule B - Location for Delivery of Receivable Files EXHIBITS -------- EXHIBIT A - Form of Servicer's Certificate EXHIBIT B - Form of Trust Receipt EXHIBIT C - Form of Servicing Officer's Certificate EXHIBIT D - Form of Monthly Servicer's Statement EXHIBIT E - Form of Trustee's Certificate Pursuant to SECTION 3.2 OR 3.4 ------------------ Exhibit F - Form of Independent Accountant's Report Exhibit G - Form of Assignment Exhibit H - Form of Investor Certification Exhibit I - Form of Addition Notice SALE AND SERVICING AGREEMENT dated as of January 9, 2003, among CPS FUNDING LLC, a Delaware limited liability company (the "PURCHASER"), CONSUMER PORTFOLIO SERVICES, INC., a California corporation (in its capacities as Seller, the "SELLER" and as Servicer, the "SERVICER," respectively), SYSTEMS & SERVICES TECHNOLOGIES, INC., a Delaware corporation ("SST"), as Backup Servicer, and BANK ONE TRUST COMPANY N.A., a national banking association, (in its capacities as Standby Servicer, the "STANDBY SERVICER" and as Trustee, the "TRUSTEE," respectively).
Acknowledgement of Roles. 2.1 The parties hereby acknowledge that the Company is the controller and Processor is the processor in respect of Personal Data processed through the provision of the Services.
Acknowledgement of Roles. The parties expressly acknowledge and consent to Bank One acting in the possible multiple capacities of Standby Servicer, Collateral Agent and as Trustee. Bank One may, in each such capacity, discharge its separate functions fully, without hindrance or regard to conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Bank One of express duties set forth in this Agreement in any such capacities, all of which defenses, claims or assertions are hereby expressly waived by the other parties hereto except in the case of negligence (other than errors in judgment) bad faith or willful misconduct by Bank One.
Acknowledgement of Roles. 49 SECTION 11.19. TERMINATION....................................................................49 SCHEDULES Schedule A - Schedule of Receivables Schedule B - Location for Delivery of Receivable Files EXHIBITS Exhibit A - Form of Servicer's Certificate Exhibit B - Form of Trust Receipt Exhibit C - Form of Servicing Officer's Certificate Exhibit D - Form of Monthly Servicer's Statement Exhibit E - Form of Independent Accountant's Report Exhibit F - Form of Assignment Exhibit G - Form of Addition Notice Exhibit H - Form of TFC Assignment ANNEXES Annex A - Defined Terms Annex B - Uncertified Title States AMENDED AND RESTATED SALE AND SERVICING AGREEMENT (this "AGREEMENT") dated as of November 30_, 2004, among CPS WAREHOUSE TRUST, a Delaware statutory trust (the "PURCHASER"), CONSUMER PORTFOLIO SERVICES, INC., a California corporation (in its capacities as Seller, the "SELLER" and as Servicer, the "SERVICER," respectively), XXXXX FARGO BANK, NATIONAL ASSOCIATION, a national banking association, as successor-by-merger to Xxxxx Fargo Bank Minnesota, National Association, as successor-in-interest to Bank One Trust Company, N.A. (in its capacity as Backup Servicer, the "BACKUP SERVICER" and as Trustee, the "TRUSTEE," respectively) and WESTLB AG (f/k/a/ Westdeutsche Landesbank Girozentrale) (the "AGENT").
Acknowledgement of Roles. 49 Section 11.19 Termination.................................................49 Section 11.20
Acknowledgement of Roles. The parties expressly acknowledge and consent to Bank One Trust Company, N.A. acting in the multiple capacities of Standby Servicer and Trustee. The parties agree that Bank One Trust Company, N.A. in such multiple capacities shall not be subject to any claim, defense or liability arising from its performance in any such capacity based on conflict of interest principles, duty of loyalty principles or other breach of fiduciary duties to the extent that any such conflict or breach arises from the performance by Bank One Trust Company, N.A. of any other such capacity or capacities in accordance with this Agreement or any other Basic Documents to which it is a party.
